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Name: People v. Ikeda
Case #: B238600
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/30/2013
Subsequent History: Review granted 5/1/2013: S209192
Summary

Where a suspect is detained outside but near his residence, a protective sweep may be conducted where officers have a reasonable suspicion that the area to be searched harbors a dangerous person. After his motion to suppress inculpatory evidence found “in plain view” during a search was denied, Ikeda pled guilty to a drug offense. On appeal he challenged the trial court’s sanction of a protective sweep of his residence while he was being detained by officers outside his house. Held: Affirmed. Officers may conduct a protective sweep of a residence incident to a suspect’s arrest where they have a reasonable suspicion the house harbors a person who poses a danger to them. (Maryland v. Buie (1990) 494 U.S. 35.) This extends to detentions of suspects outside the house where officers have a reasonable suspicion there is a dangerous person in the house. Here, the officers had a reasonable suspicion based on a totality of the circumstances to warrant the officers’ search.