Ledesma

When conducting a search or an arrest in a home, police officers face the potential danger posed by unknown persons located inside. In Maryland v. Buie (1990) 494 U.S. 325 [ 110 S.Ct. 1093 , 108 L.Ed.2d 276 ] (Buie), the United States Supreme Court formulated the standard for determining when police are entitled to conduct a brief, cursory sweep of the premises for such persons before undertaking an arrest. In this case, we revisit Buie and apply it to a protective sweep conducted prior to a valid probation search. During the sweep, the officers discovered a substantial quantity of money and controlled substances in a bedroom they would have been unable to enter during the probation search. Defendant Michael Gregory Ledesma was not the subject of the probation search, but occupied the bedroom where the money and drugs were found. After unsuccessfully moving to suppress this evidence, he entered no contest pleas to two counts of possession for sale of a controlled substance. Defendant now appeals the trial court’s ruling denying suppression. We conclude that the particular facts known to the officers, when evaluated in light of their training and experience, justified the…