Justice brennan protective sweep
In 2013, a u.s. district court judge ruled that the nypd stop-and-frisk practice was:...
Protective sweep of a vehicle
Maryland v. Buie/Dissent Brennan
Justice BRENNAN, with whom Justice MARSHALL joins, dissenting.
Today the Court for the first time extends Terry v. Ohio, 392 U.S. 1, 88 S.Ct.
Exclusionary rule1868, 20 L.Ed.2d 889 (1968), into the home, dispensing with the Fourth Amendment's general requirements of a warrant and probable cause and carving a "reasonable suspicion" exception for protective sweeps in private dwellings.
In Terry, supra, the Court held that a police officer may briefly detain a suspect based on a reasonable suspicion of criminal activity and may conduct a limited "frisk" of the suspect for concealed weapons in order to protect herself from personal danger.
The Court deemed such a frisk "reasonable" under the Fourth Amendment in light of the special "need for law enforcement officers to protect themselves and other prospective victims of violence" during investigative detentions, id., at 24, 88 S.Ct., at 1881, and the "brief, though far from inconsiderable, intrusion upon the sancti