Page 112 - North Carolina 2020 Legal Guide

Task: Home Search Incident to Arrest

Maryland v. Buie, 494 U.S. 325 (1990).

• When making a valid arrest in a home, officers may conduct a

search incident to the arrest at the time of the arrest and limited by

the following rules: 3 Zones of Search:

• The room where the arrest has been made-in any area or container
that is within the arrestee’s immediate area of control.

• Officers may look into (not go into) areas adjoining the room where

the arrest has been made from which an attack could be launched.

• Where officers have reasonable suspicion to believe that a

confederate of the arrested person or some other third party is

present in the home and poses a danger to officers; officers may do

a cursory search of the home to ensure their safety.

• The second and third zone are limited to areas where a person

could hide since both contemplate officer safety from an attack.

©2020 Jack Ryan Legal & Liability Risk Management Institute 111