Werner

Warrantless searches of residences are “presumptively unreasonable” under the Fourth Amendment to the United States Constitution. (Payton v. New York (1980) 445 U.S. 573, 586 [ 63 L.Ed.2d 639 , 100 S.Ct. 1371 ], fn. omitted.) But police performing an in-home arrest may conduct a limited search for their own protection, known as a “protective sweep,” under certain circumstances where they have a reasonable suspicion that there may be a dangerous person in the area to be swept. (Maryland v. Buie (1990) 494 U.S. 325, 335 [ 108 L.Ed.2d 276 , 110 S.Ct. 1093 ] (Buie).) Whether the court properly applied the protective sweep doctrine in upholding the warrantless search in this instance is at the heart of this case.

After sheriff’s deputies arrested and handcuffed defendant Craig Andrew Werner outside his home in the late afternoon following a report of a domestic violence incident occurring early that morning, a deputy accompanied defendant’s roommate inside the house while he retrieved defendant’s *1199 shoes and keys. In the course of doing so, the deputy discovered marijuana and illegal fireworks in plain view in defendant’s bedroom. The discovery of this contraband—followed…