Define: Protective Sweep

A protective sweep is a limited search conducted by law enforcement officers to ensure their safety and the safety of others during the execution of a search warrant or arrest. It allows officers to quickly scan the premises for potential threats or hidden individuals.

Law enforcement can conduct a protective sweep if they have a reasonable belief that there may be other individuals present who pose a danger to their safety or the safety of others. This belief must be based on specific and articulable facts.

Yes, law enforcement can conduct a protective sweep without a search warrant if they are lawfully present in a location and have a reasonable belief that there may be other individuals present who pose a danger. However, the scope of the sweep must be limited to areas where a person could be hiding and must be conducted quickly.

During a protective sweep, law enforcement can search areas where a person could be hiding, such as closets, under beds, or behind doors. They cannot search areas unrelated to the potential threat, such as drawers or cabinets, unless they have a separate legal basis to do so.

Yes, if law enforcement discovers evidence of a crime during a protective sweep, they can seize it. However, the evidence must be in plain view or discovered inadvertently while conducting the sweep. If the evidence is found in an area unrelated to the potential threat, it may not be admissible in court.

Yes, if law enforcement encounters individuals during a protective sweep who they reasonably believe pose a danger, they can detain them temporarily for further investigation. However, they must have a separate legal basis, such as an arrest warrant or probable cause, to arrest or search those individuals.

Law enforcement can use reasonable force during a protective sweep if necessary to protect themselves or others from imminent harm. However, the use of force must be proportionate to the threat faced and comply with constitutional standards.

Yes, law enforcement can conduct a protective sweep in a private residence if they have a reasonable belief that there may be other individuals present who pose a danger. However, they must have a lawful basis to be present in the residence, such as a search warrant or consent.

Law enforcement generally cannot conduct a protective sweep during a routine traffic stop unless they have a reasonable belief that there may be other individuals present who pose a danger. The scope of the sweep must be limited to areas where a person could be hiding within the immediate vicinity of the vehicle.

No, law enforcement cannot conduct a protective sweep based solely on a hunch or suspicion. They must have specific and articulable facts that give rise to a reasonable belief that there may be other individuals present who pose a danger.