Opinion
2022 KW 0355
06-21-2022
STATE OF LOUISIANA v. JMARLO JONTE LEE
State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. DC-21-04841.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT DENIED.
JMG
EW
Whipple, C.J., dissents and would grant the writ. The Fourth Amendment permits a "protective sweep," i.e., a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others, if the searching officer possesses a reasonable belief based on specific and articulable facts which, taken together with the rational inferences from those facts, warrants the officer in believing that the area swept harbors an individual posing a danger to the officer or others. Maryland v. Buie, 494 U.S. 325, 327, 110 S.Ct. 1093, 1094-95, 108 L.Ed.2d 276 (1990). An in-home protective sweep may occur after the suspect is arrested. State v. Fenn, 45, 660 & 45, 661 (La.App. 2d Cir. 5/20/10), 41 So.3d 544, 545. In the instant case, while executing an active arrest warrant for the defendant, Louisiana State Troopers detained him less than ten feet from the door of the residence and conducted a protective sweep of the residence to protect their safety and the safety of others.