Is a search of a house warranted on the basis of search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Arreguin, D.C. No. 5:08-cr-00161-VAP-1, No. 09-50552 (9th Cir. 2011):

a search of property if the owner "has expressly authorized the third party to give consent or if the third party has mutual use" of the property). While discussed at oral argument, the Government has also not argued that the search was warranted on the basis of a safety sweep. In fact, there are no facts in the record to support a protective sweep of the house because no one had been arrested at the time of the initial search and there was no reason to believe the house "harbor[ed] an individual posing a danger to those on the arrest scene." Maryland v. Buie, 494 U.S. 325, 334 (1990); see also id. at 327 ("A 'protective sweep' is a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.").

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