United States v. Jose Nunez

facts that the area to be swept harbors an individual posing a danger to those on the

2 arrest scene.” Maryland v. Buie, 494 U.S. 325, 337 (1990). “[A] protective sweep,

aimed at protecting the arresting officers, if justified by the circumstances, is

nevertheless not a full search of the premises, but may extend only to a cursory

inspection of those spaces where a person may be found.” Id. at 335.

Here, the record demonstrates that the deputies who conducted the sweep

watched an armed known gang member enter Nunez’s house, heard a commotion

inside the house, and saw the gang member leave without the weapon.

Subsequently, two other gang members left the house, and those two individuals

could not confirm to the deputies whether anyone else was in the house. Based on

these specific and articulable facts, the deputies had a reasonable belief that there

may have been people in the home who had access to at least one firearm and thus

posed a threat to the deputies’ safety.

Further, the deputies did not exceed the permissible scope of the protective

sweep because they only briefly and cursorily searched the home, including

Nunez’s bedroom. While the separate bedroom at…