People v. Ledesma
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SIMONS, J.
When conducting a search or an arrest in a home, police officers face the potential danger posed by unknown persons located inside. In Maryland v. Buie (1990) 494 U.S. 325 [110 S.Ct. 1093, 108 L.Ed.2d 276] (Buie), the United States Supreme Court formulated the standard for determining when police are entitled to conduct a brief, cursory sweep of the premises for such persons before undertaking an arrest. In this case, we revisit Buie and apply it to a protective sweep conducted prior to a valid probation search. During the sweep, the officers discovered a substantial quantity…
2Cases cited20 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Illinois v. GatesSupreme Court of the United States · 1983
- Ornelas v. United StatesSupreme Court of the United States · 1996
- United States v. CortezSupreme Court of the United States · 1981
- United States v. SokolowSupreme Court of the United States · 1989
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3Cited by13 opinions
- State v. YuleDistrict Court of Appeal of Florida · 2005
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- People v. SmithCalifornia Court of Appeal · 2010
- People v. WernerCalifornia Court of Appeal · 2012
- State v. BergersonCourt of Appeals of Minnesota · 2003
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