Page 112 - North Carolina 2020 Legal Guide
P. 112

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.







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