SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

1282, 1284; United States v. Paopao (9 th Cir. 2006) 469 F.2rd 760,
765.)
However, merely knowing that the defendant’s wife and
son live with him, but having no reason to believe they
were dangerous or that they were even home at the time, is
insufficient cause to do a protective sweep of the home
after detaining the defendant immediately outside. (People
v. Celis (2004) 33 Cal.4 th 667, 676-680.)
Celis also raises, but does not answer the question whether
to make entry into the house to conduct the protective
sweep after an arrest that occurs outside requires only a
“reasonable suspicion” that persons are inside who
constitute a threat to the officers, or whether full-blown
“probable cause” is needed. (Id., at p. 678.)
Detentions Outside the House: The California Supreme Court left
open the question of whether merely “detaining” someone outside
the home will allow for a “protective sweep” of the home for
dangerous suspects, absent “probable cause” to believe someone is
in fact inside who constitutes a danger to the officers. (People v.
Celis, supra, at p. 680.)
At least one other state has upheld such a protective sweep
upon detaining a suspect outside on the front porch. (State
v. Revenaugh (1999) 173 Idaho 774, 776-777.)
A protective sweep of a commercial establishment (i.e., a gambling
house) when an arrest is made outside has also been upheld and the
officers had a “reasonable suspicion” that a second robbery suspect
might be inside. (United States v. Paopao (9 th Cir. 2006) 469
F.2rd 760, 765-767.)
Other Situations: Protective sweeps have also been upheld in
situations other than with an arrest. For instance:
In conducting a Fourth Waiver search where the suspect
was on probation for narcotics-related offenses, a resident
appeared to be under the influence of drugs, and others
were known to be in the house during a prior contact.
(People v. Ledesma (2003) 106 Cal.App.4 th 857.)
Officers lawfully inside the house with consent. (United
States v. Gould (5 th Cir. 2004) 364 F.3 rd 578.)
© 2012 Robert C. Phillips. All rights reserved
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