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· 11/16/2005

United States v. Alfred G. Miller

Citations

  • 430 F.3d 93
  • 2005 U.S. App. LEXIS 24653
  • 2005 WL 3065761

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a law-enforcement officer 18 lawfully present in an area may conduct a protective sweep even if he is in a particular area for a purpose other than the execution of an arrest
  • “Buie’s logic therefore applies with equal force when officers are lawfully present in a home for purposes other than the in-home execution of an arrest warrant_”
  • law enforcement officers entitled to sweep premises to determine whether individuals who might pose a threat remain inside
  • “[A]n officer in a home under lawful process, such as an order permitting or directing the officer to enter for the purpose of protecting a third party, may conduct a protective sweep” under Buie
  • “At the core of Terry, Long and Buie is the common understanding that the Fourth Amendment’s reasonableness requirement is sufficiently flexible to allow officers who have an objectively credible fear of danger to take basic precautions to protect themselves.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Cabranes, Mukasey

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.