protective-sweep
17 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6593 | Juan Guerrero v. United States | First Circuit | 2025-02-19 | Denied | Response WaivedIFP | circuit-court-review fourth-amendment officer-safety protective-sweep suppression-ruling vehicle-search | 1. Whether the First Circuit erred in reversing the District Court's suppression ruling by holding that an officer's actual fear for their safety is n… |
| 24-372 | William Robert Taft v. Colorado | Colorado | 2024-10-02 | Denied | Response Waived | criminal-procedure fourth-amendment probable-cause protective-sweep unreasonable-search warrant-requirement | Thirty-four years ago, in Maryland v. Buie , 494 U.S. 325 (1990), this Court ruled that the protective sweep exception to the warrant requirement allo… |
| 23-7751 | Montel Westley v. United States | Sixth Circuit | 2024-06-18 | Denied | Response WaivedIFP | affidavit civil-procedure-4th-amendment-search-warrant-affid due-process perjury protective-sweep search-warrant warrant-execution | 1. GIVEN THE AFFIDAVIT FOR THE ORIGINAL SEARCH WARRANT FILED HEREIN ADMITTEDLY CONTAINED OUTRIGHT LIES REGARDING THE SOLE EVIDENCE THAT NEXUSED MONTEL… |
| 23-7734 | Reshod Jamar Everett v. United States | Fourth Circuit | 2024-06-17 | Denied | Response WaivedIFP | criminal-procedure fourth-amendment fourth-amendment-rights law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-belief warrantless-search | Whether the Fourth Amendment precludes the police from conducting a warrantless search of a home when the police decided to conduct a protective sweep… |
| 23-5428 | Hector Gastelum Valenzuela v. United States | Fifth Circuit | 2023-08-24 | Denied | Response WaivedIFP | 4th-amendment exigent-circumstances fourth-amendment law-enforcement motel-room motel-search probable-cause protective-sweep search-and-seizure warrantless-search | Whether the mere presence of a person in a motel room—that officers believe contains drugs and a gun—creates exigent circumstances sufficient to justi… |
| 22-7629 | Jose Luis Nunez v. United States | Ninth Circuit | 2023-05-24 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | circuit-split exigent-circumstances fourth-amendment inevitable-discovery probable-cause protective-sweep search-and-seizure warrant-requirement warrantless-search | 1. Whether police may enter and perform a "protective sweep" of a home not proximate to an arrest scene and when they lack affirmative information sug… |
| 22-6378 | Angela Dee Garges v. United States | Eighth Circuit | 2022-12-22 | Denied | Response WaivedIFP | dwelling-search fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep reasonable-suspicion search-and-seizure | 1. Whether the Eighth Circuit Court's determination that law enforcement officers may search an entire dwelling without probable cause or reasonable s… |
| 21-7324 | Caleb Guerrier v. United States | Third Circuit | 2022-03-09 | Denied | Response WaivedIFP | exigent-circumstances fourth-amendment home-arrest law-enforcement-procedure protective-sweep reasonable-suspicion search-and-seizure warrant-exception warrant-requirement | When arresting someone in a home, police may search immediately adjoining spaces from which they could be directly attacked. To search other areas, ho… |
| 21-1190 | Ramon Rios, III v. Texas | Texas | 2022-02-28 | Denied | Response RequestedResponse WaivedRelisted (2) | 4th-amendment arrest fourth-amendment home-search law-enforcement plain-view-doctrine protective-sweep surveillance warrantless-search | I. Does the Fourth Amendment prohibit a warrantless protective sweep of the interior of a home following the arrest of a resident outside his home tha… |
| 21-5364 | Tyrone Cammon v. United States | Sixth Circuit | 2021-08-13 | Denied | Response WaivedIFP | 4th-amendment arrest-warrant civil-rights fourth-amendment minnesota-v-olson payton-v-new-york probable-cause protective-sweep search-and-seizure steagald-v-united-states third-party-residence warrantless-entry | Whether, in light of Minnesota v. Olson, 495 U.S. 91, 96-97 (1990), the lower courts erred in holding that Payton v. New York, 445 U.S. 573 (1980) con… |
| 21-5230 | Maurice Stewart v. United States | Sixth Circuit | 2021-07-28 | Denied | Response WaivedIFP | circuit-split felon-in-possession knowledge-of-status plain-error-review protective-sweep rehaif-v-united-states | Recently the Court recognized that the elements of the offense of possessing a firearm as a felon, 18 U.S.C. § 922(g)(1), includes that the defendant … |
| 20-7290 | Michael Scott Hanuman v. United States | Eighth Circuit | 2021-03-02 | Denied | Response WaivedIFP | criminal-procedure emergency-aid emergency-aid-doctrine fourth-amendment law-enforcement protective-sweep reasonable-suspicion search-and-seizure | This Court has held that when law enforcement officers are lawfully present within a private home to make an arrest, the Fourth Amendment permits a pr… |
| 20-5960 | Joe Hernandez v. United States | Fifth Circuit | 2020-10-08 | Denied | Response WaivedIFP | arrest-warrant constitutional-rights fourth-amendment law-enforcement maryland-v-buie probable-cause protective-sweep search-and-seizure standard-procedure | I. Does a protective sweep of person's entire residence by law enforcement officers pursuant to "standard procedure" upon their entry when serving an … |
| 19-7432 | Edwin David Calligan v. Indiana | Indiana | 2020-01-27 | Denied | Response WaivedIFP | 4th-amendment civil-rights fourth-amendment michigan-v-long officer-safety protective-sweep reasonable-suspicion search-and-seizure traffic-stop vehicle-search | 1. Whether this Court should reconsider the reasonableness of its premise in Michigan v. Long; 463 U.S. 1032 (1983), that officers could reasonably fe… |
| 18-8943 | David Raphael Concepcion v. United States | Eleventh Circuit | 2019-04-22 | Denied | Response WaivedIFP | 4th-amendment arrest arrest-incident constitutional-provision criminal-procedure home home-search law-enforcement maryland-v-buie police-powers protective-sweep search-and-seizure | WHETHER THE HOLDING OF THIS COURT IN MARYLAND v. BUIE, 494 U.S. 325, 110 S.Ct. 1093 (1990), TO PROTECTIVE SWEEPS APPLIES ALSO INCIDENT TO ARRESTS MADE… |
| 18-7309 | Kevin Balfour v. United States | Sixth Circuit | 2019-01-08 | Denied | Response WaivedIFP | civil-rights constitutional-rights exclusionary-rule fourth-amendment home-invasion inevitable-discovery police-procedure protective-sweep search-and-seizure warrant-requirement warrantless-search | Does the inevitable-discovery doctrine unlawfully and/or improperly expand the limits of the protective sweep exception to the Fourth Amendment Right … |
| 18-5267 | Arthur Waters v. United States | Eighth Circuit | 2018-07-18 | Denied | Response WaivedIFP | 4th-amendment categorical-exception drug-distribution exigent-circumstances fourth-amendment in-home-arrest precedent protective-sweep reasonable-suspicion search-and-seizure | Almost thirty years ago, this Court established the parameters of a protective sweep incident to an in-home arrest in Maryland v. Buie, 494 U.S. 325 (… |