Stephanie Hernandez-Lopez
LAS225-Mathis
February 13, 2022
Citation Exercise 2:
Please fill in the blanks of the below citations. At each location of a blank, DELETE THE BLANK AND INSERT THE PROPER CITATION OR PART OF THE CITATION IN BLACK
FONT (OR NO CITATION IF APPROPRIATE). Save the document with the inserted citations and upload the assignment. All laws on the following pages were obtained from Westlaw.
The Fourth Amendment to the U.S Constitution and Article 2, Section 8 of the Arizona
constitution both provide for an individual’s right to privacy. Ariz. Rev. Stat. Ann. art II § 8
(Lexis through Sept. 27, 2021).
The Fourth Amendment also provides that a warrant based on
probable cause is necessary to conduct a search of an area in which a person has an expectation
of privacy. U.S. Const. amend. IV (Lexis through the ratification of the 27
th
amend. On May
7, 1992). However, case law establishes that there are exceptions to this warrant requirement.
One such exception is the protective sweep search. The U.S. Supreme Court defined a protective
sweep as “a quick and limited search of premises, incident to an arrest and conducted to protect
the safety of police officers or others.” Maryland v Buie
, 494 U.S. 325
, 327, 110 S.Ct.
1093,
1094, 108 L. Ed. 2d 276 (1990). The court went on to state such a search is “narrowly confined
to a cursory visual inspection of those places in which a person might be hiding.” Id.
, 110 S.Ct.
at 1094
, 108 L. Ed. 2d 276. Although officers can look in spaces immediately adjacent to a
person in connection with their arrest inside a residence, to search further, “there must be
articulable facts which, taken together with the rational inferences from those facts, would
warrant a reasonably prudent officer in believing that the area to be swept harbors an individual
posing a danger to those on the arrest scene.”
Id., at 327
, 110 S.Ct. at 1096
, 108 L. Ed. 2d 276.
