What is the current state of the law in the context of in-home arrest?

California, United States of America


The following excerpt is from The People v. Sanders, 101 Cal.Rptr.2d 456 (Cal. App. 2000):

"[the] interest of the officers in taking steps to assure themselves that the house in which a suspect is being, or has just been, arrested is not harboring other persons who are dangerous and who could unexpectedly launch an attack. The risk of danger in the context of an arrest in the home is as great as, if not greater than, it is in an on-the-street or roadside investigatory encounter.... A protective sweep ... occurs as an adjunct to the serious step of taking a person into custody for the purpose of prosecuting him for a crime. ... [A]n in-home arrest puts the officer at the disadvantage of being on his adversary's 'turf.' An ambush in a confined setting of unknown configuration is more to be feared than it is in open, more familiar surroundings." (Maryland v. Buie, supra, 494 U.S. at p. 333.)

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