MARYLAND V. BUIE
494 U.S. 325 (1990)
NATURE OF THE CASE: This was an issue of authority to conduct a warrantless protective
sweep pursuant to an arrest warrant.
FACTS: Two men committed an armed robbery. One robber was wearing a red running suit.
Police, that same day, got an arrest warrant for Buie (D) and Allen (D1) and D's house was
placed under surveillance. The warrant for D was executed two days later. Once inside D's
house the officers fanned through the first and second floors and then the basement was put
under guard so no one could surprise them. An officer shouted into the basement for anyone
there to come out. D eventually emerged from the basement. He was arrested, searched, and
handcuffed by the officer. Another officer entered the basement to make sure that no one
else was down there. He noticed a red running suit lying in plain view and seized it. The
trial court denied the motion to suppress that evidence.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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