Maryland V. Buie Case Study

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Justice William J. Brennan, Jr. wrote a dissent where he argued that the protective sweep represented the type of intrusive unwarranted search that the Fourth Amendment was created to prevent (Maryland v. Buie, n.d.). He also argued that the majority opinion’s limits as to the scope and timeliness of the protective search are not enough to prevent the police from abusing such an unwarranted search (Maryland v. Buie, n.d.). After Justice Brennan wrote his dissent, Justice Thurgood Marshall joined the dissent (Maryland v. Buie, n.d.). In my opinion, I disagree with Justice Brennan. From the facts of the Maryland v. Buie case, on February 3, 1986, two men robbed a Godfather’s Pizza in Prince George’s County, Maryland (Maryland v. Buie, n.d.). …show more content…

Buie, n.d.). Later that day, the police obtained warrants for the arrest of Jerome Edward Buie and Lloyd Allen and put Buie’s house under surveillance (Maryland v. Buie, n.d.). On February 5, the police arrested Buie in his house. Police found him hiding in the basement (Maryland v. Buie, n.d.). Once Buie emerged and was handcuffed, an officer went down to determine if there was anyone else hiding (Maryland v. Buie, n.d.). While in the basement, the officer saw a red running suit in plain view and seized it as evidence (Maryland v. Buie, n.d.). The facts in the case are cut and dry and this is where I disagree with Justice Brennan, whereas, the officers were legally in the house searching for Buie, the officers protective sweep was for the safety of the officers, and the red running suit was in plain view. In my opinion, this only makes sense and Buie rob a God Father Pizza in a red running suit. The red running suit is key evidence in the prosecution of the case where the clothing of the robbers was found in the suspect’s house. Additionally, it is not like the officers were there illegally and or planted evidence. Some of the Justices are more concerned with citizens privacy than officer’s safety and common

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