In the Supreme Court of the United States In the Supreme Court of ...

Here, a reasonable person would believe that the Convict and his neighbors nearby were
in danger. An armed burglary had just occurred in the Convict’s neighborhood and the
witnesses’ description of the burglar matched the description of the person who killed the
Convict’s neighbor. R. at 5. Further, the witnesses saw the suspect fleeing through the
neighborhood towards the Convict’s house. R. at 5. Unlike the officer in Terry, who had never
seen the two suspects before, the Officer possessed matching descriptions of the burglar and
murderer. R. at 5. Additionally, much like the experienced officer in Terry, the Officer has been
with the police force since at least 2008 and has experience working in this neighborhood. R. at
5. In addition, the Officer believed the threat was dangerous enough that he had to ensure the
burglar did not break in or take refuge in the home. R. at 6. While the Convict claimed he had
not heard or seen anything out of the ordinary, the Convict may have either been unaware of the
burglar’s presence, or may have been harboring the burglar for reasons connected to his known
criminal past. R. at 3–5. The Officer, therefore, had reasonable suspicion that the burglar might
harm the Convict or his neighbors.
3. The Officer limited the sweep in scope and duration because the Officer looked
briefly into an adjoining room and not into a sensitive area of the house.
A protective sweep is a “quick and limited search of the premises.” Buie, 494 U.S.
at 327. During such a sweep, an officer is permitted to search places within the house that a
dangerous person may be hiding. Id. In addition, an officer may search until he “dispel[s] the
reasonable suspicion of danger.” Id. at 335.
The circuits have broadly interpreted the places where a person may be hiding. See, e.g.,
Gould, 364 F.3d at 589. For example, in Gould, the Fifth Circuit found that a protective sweep
of a bedroom was limited in scope and duration when the officers swept under the bed and
inside the closets. Id. at 589, 593 (noting that the sweep was “brief” and “minimally intrusive”).
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