Law Enforcement Bulletin 

Question: When a suspect is arrested on his porch, can officers conduct a protective sweep inside the home?

Quick Answer: Generally no. Protective sweeps are limited to those circumstances following an arrest inside a residence and are valid when officers reasonably believe that the area swept harbors an individual posing a danger to the officer or others.

Facts: Probable cause existed to arrest McMillian for a double homicide. Despite not having an arrest or search warrant, officers arrived at McMillian’s home and arrested him on the porch when he came to the door. Tactical officers conducted a protective sweep of the house following McMillian’s arrest and observed a rifle case in one of the bedrooms. Officers then obtained a search warrant citing (among other things) the observation of the gun case seen during the sweep. The government conceded that the protective sweep of McMillian’s residence when he was arrested outside his door was a violation of the Fourth Amendment.

Importance: Since the protective sweep was what enabled officers to observe the rifle case, the Court held it was properly stricken from consideration when deciding whether the search warrant was supported by probable cause.

Keep in Mind: Officers may use other means to enter a suspect residence, including obtaining voluntary consent from the suspect or obtaining a search warrant.