Protective sweeps during an arrest are permissible when...

Protective sweeps during an arrest are permissible when...

• A. Adjacent area: reasonable suspicion; remote area: a reasonable prudent officer could conclude that confederates are present.
• B. Always require a warrant.
• C. Never allowed.
• D. Only after a suspect is convicted.

Answer: (A)

The concept at play is safety-based protective sweeps tied to the arrests process. After a lawful arrest, officers may conduct a protective sweep of the area immediately surrounding the arrest scene if they have a reasonable suspicion that a dangerous person may be present. That adjacent-area sweep is justified to ensure the officers’ safety. The scope can extend to more remote areas only if a reasonable prudent officer could conclude that other conspirators or accomplices might be present. The idea is narrowly tailored to areas where someone could be hiding, not a broad search for evidence. This does not require a warrant, and it occurs during the arrest, not after conviction.

The concept at play is safety-based protective sweeps tied to the arrests process. After a lawful arrest, officers may conduct a protective sweep of the area immediately surrounding the arrest scene if they have a reasonable suspicion that a dangerous person may be present. That adjacent-area sweep is justified to ensure the officers’ safety. The scope can extend to more remote areas only if a reasonable prudent officer could conclude that other conspirators or accomplices might be present. The idea is narrowly tailored to areas where someone could be hiding, not a broad search for evidence. This does not require a warrant, and it occurs during the arrest, not after conviction.