State v. Johnnie Davila (A-20-09)

State v. Johnnie Davila (A-20-09) 7-14-10

A protective sweep conducted on private property is
not per se invalid merely because it does not occur
incident to an arrest. Law enforcement officers may
conduct a protective sweep only when (1) the officers
are lawfully within private premises for a legitimate
purpose, which may include consent to enter; and (2)
the officers on the scene have a reasonable
articulable suspicion that the area to be swept
harbors an individual posing a danger. The sweep will
be upheld only if it is (1) conducted quickly, and (2)
restricted to areas where the person posing a danger
could hide. When an arrest is not the basis for entry,
the police must be able to point to dangerous
circumstances that developed once the officers were at the scene.