Legal Definitions - protective sweep

A protective sweep is a brief, limited search conducted by law enforcement officers within a location they have already lawfully entered. This type of search is permissible only when officers possess a reasonable belief, based on specific facts, that there may be an individual hiding who poses an immediate threat to their safety or the safety of others present. The sole purpose of a protective sweep is to neutralize potential dangers, not to search for evidence.

Here are some examples to illustrate this concept:

• Example 1: Executing an Arrest Warrant

  Police officers arrive at a residence with a valid arrest warrant for a suspect known to have a history of violence. They lawfully enter the home and locate the suspect in the living room. As they are securing the suspect, one officer notices an open bedroom door and hears a distinct, muffled sound coming from within that room. Based on the suspect's violent history and the unexplained sound, the officers conduct a quick check of the bedroom to ensure no other individuals are present who might pose a threat.

  This illustrates a protective sweep because the officers lawfully entered the premises to execute the warrant. The combination of the suspect's violent background and the unexplained sound created a reasonable belief that another person might be hiding and could pose an immediate danger, justifying a brief search of the bedroom for potential threats.

• Example 2: Responding to a Domestic Disturbance

  Officers respond to an urgent 911 call reporting a violent domestic dispute at an apartment. Upon arrival, they find a visibly distressed individual outside who states their partner, known to own firearms, is still inside the apartment and was acting erratically. The officers lawfully enter the apartment to ensure the safety of anyone inside. As they enter, they hear a loud thud from a closed door down a hallway, followed by silence.

  This demonstrates a protective sweep because the officers lawfully entered the apartment due to the emergency nature of the domestic disturbance. The report of a potentially armed and erratic individual, coupled with the unexplained thud, provided a reasonable belief that another person might be present in the hallway room and could pose a threat. A quick check of that room to ensure no one is hiding would be a protective sweep.

• Example 3: Investigating a Burglary in Progress

  Police receive an alarm notification and a report of shattered glass at a commercial business late at night. They arrive to find clear signs of forced entry. The officers lawfully enter the building to investigate the potential burglary. As they move through the main office area, an officer spots a partially open door to a back storage room and hears a faint, distinct cough from behind it. Given the circumstances of a potential active burglary, the officers quickly check the storage room for any hidden individuals.

  This is an example of a protective sweep because the officers lawfully entered the building to investigate a crime in progress. The signs of forced entry and the audible cough from the storage room created a reasonable belief that a burglar might still be inside, potentially armed or hostile, thus justifying a quick, limited search of that specific area to ensure officer safety.