protective sweep doctrine (Pennsylvania) · Go Syfert
← Pennsylvania issues

protective sweep doctrine in Pennsylvania

11 Pennsylvania opinions name it 1 courts 1982–2026 5 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Commonwealth v. Taylorgreen
pa · 2001 · cited in 5 Pennsylvania opinions naming this issue, 2006–2024
2 sentences

2016Pennsylvania adopted the protective sweep exception to the warrant requirement in Commonwealth v. Taylor, 771 A.2d 1261 (Pa. 2001); see also In re J.E., 937 A.2d 421, 425 (Pa. 2007) (stating that the protective sweep search is limited to “ensure the safety of arresting officers”).

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, "the protective sweep doctrine is not applicable to this case." ( Id. ) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A "protective sweep" is generally defined as "a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others." Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denie

45
Maryland v. Buiegreen
scotus · 1990 · cited in 3 Pennsylvania opinions naming this issue, 2006–2023
2 sentences

2023“A protective sweep is ‘a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.’” Commonwealth v. Taylor, 771 A.2d 1261, 1267 (Pa. 2001) (quoting Maryland v. Buie, 494 U.S. 325, 327 (1990)).

2023Buie, 494 U.S. at 334 ; Potts, 73 A.3d at 1282 ; see also Order, 1/28/21, at 6.

33
Commonwealth v. Pottsgreen
pasuperct · 2013 · cited in 2 Pennsylvania opinions naming this issue, 2016–2023
2 sentences

2023Buie, 494 U.S. at 334 ; Potts, 73 A.3d at 1282 ; see also Order, 1/28/21, at 6.

2016See Potts, 73 A.3d at 1281-82 ; Crouse, 729 A.2d at 598 .

12
Commonwealth v. Caplegreen
pasuperct · 2015 · cited in 1 Pennsylvania opinions naming this issue, 2024–2024
1 sentence

2024In support of this argument, the Commonwealth cited to Commonwealth v. Davido, 106 A.3d 611 (Pa. 2014) and Commonwealth v. Caple, 121 A.3d 511, 514 (Pa. Super. 2015).

11
Commonwealth v. Harrellgreen
pasuperct · 2013 · cited in 1 Pennsylvania opinions naming this issue, 2019–2019
1 sentence

2019“A protective sweep is a quick and limited search of [the] premises, incident to an arrest and conducted to protect the safety of police officers or others.” Commonwealth v. Harrell, 65 A.3d 420, 435 (Pa.Super. 2013) (citation and internal quotation marks omitted), appeal denied, 101 A.3d 785 (Pa. 2014).

11
Commonwealth v. Johnsongreen
pasuperct · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016See Johnson, 921 A.2d at 1223 ; McEnany, 667 A.2d at 1148 .

11
In the Interest of J.E.green
pa · 2007 · cited in 1 Pennsylvania opinions naming this issue, 2016–2016
1 sentence

2016Pennsylvania adopted the protective sweep exception to the warrant requirement in Commonwealth v. Taylor, 771 A.2d 1261 (Pa. 2001); see also In re J.E., 937 A.2d 421, 425 (Pa. 2007) (stating that the protective sweep search is limited to “ensure the safety of arresting officers”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
Huntington National Bank v. Minnesota Hotel Co. green
scotus · 2001
2 sentences

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, “the protective sweep doctrine is not applicable to this case.” (Id.) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A “protective sweep” is generally defined as “a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.” Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denied,

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, "the protective sweep doctrine is not applicable to this case." ( Id. ) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A "protective sweep" is generally defined as "a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others." Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denie

22006–2006
Menor v. Finance Factors, Ltd. green
scotus · 2001
2 sentences

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, “the protective sweep doctrine is not applicable to this case.” (Id.) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A “protective sweep” is generally defined as “a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.” Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denied,

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, "the protective sweep doctrine is not applicable to this case." ( Id. ) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A "protective sweep" is generally defined as "a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others." Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denie

22006–2006
Carrabba v. Randalls Food Markets, Inc. green
scotus · 2001
2 sentences

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, “the protective sweep doctrine is not applicable to this case.” (Id.) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A “protective sweep” is generally defined as “a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others.” Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denied,

2006The majority has also concluded that because the probation officers in the instant case were not actually arresting another individual at the time they were frisking Appellant, "the protective sweep doctrine is not applicable to this case." ( Id. ) I respectfully assert that these conclusions are rooted in mistakes of both law and fact. ¶ 9 A "protective sweep" is generally defined as "a quick and limited search of premises, incident to an arrest and conducted to protect the safety of police officers or others." Commonwealth v. Taylor, 565 Pa. 140, 149 , 771 A.2d 1261, 1267 (2001), cert. denie

22006–2006
Commonwealth v. Witman green
pasuperct · 2000
1 sentence

2026“However, the protective sweep doctrine has been applied prior to an arrest being effectuated where exigent circumstances exist.” Id. (citing Commonwealth v. Witman, 750 A.2d 327 (Pa. Super. 2000)).

12026–2026
In the Interest of L.J. green
pa · 2013
1 sentence

2026“However, the protective sweep doctrine has been applied prior to an arrest being effectuated where exigent circumstances exist.” Id. (citing Commonwealth v. Witman, 750 A.2d 327 (Pa. Super. 2000)).

12026–2026
Michigan v. Long green
scotus · 1983
1 sentence

2024We conclude that the proper ground for denying suppression is under the protective sweep doctrine articulated in Michigan v. Long, 463 U.S. 1032 (1983), and followed by this Court in Commonwealth v. Muhammad, 289 A.3d 1078 (Pa. Super. 2023).

12024–2024
Com. v. Muhammad, R. green
pasuperct · 2023
1 sentence

2024We conclude that the proper ground for denying suppression is under the protective sweep doctrine articulated in Michigan v. Long, 463 U.S. 1032 (1983), and followed by this Court in Commonwealth v. Muhammad, 289 A.3d 1078 (Pa. Super. 2023).

12024–2024
Commonwealth v. Davido, T., Aplt green
pa · 2014
1 sentence

2024In support of this argument, the Commonwealth cited to Commonwealth v. Davido, 106 A.3d 611 (Pa. 2014) and Commonwealth v. Caple, 121 A.3d 511, 514 (Pa. Super. 2015).

12024–2024
Commonwealth v. McEnany green
pasuperct · 1995
1 sentence

2016See Johnson, 921 A.2d at 1223 ; McEnany, 667 A.2d at 1148 .

12016–2016
Commonwealth v. Crouse green
pasuperct · 1999
1 sentence

2016See Potts, 73 A.3d at 1281-82 ; Crouse, 729 A.2d at 598 .

12016–2016
McGeehan v. Wainwright green
ca5 · 1976
1 sentence

1982NOTES [1] Gary Small was the appellee's friend, former live-in mate and possible accomplice. [2] See U.S. v. Bowdach, 561 F.2d 1160 (5th Cir., 1977); McGeehan v. Wainwright, 526 F.2d 397 (5th Cir., 1976); U.S. v. Smith, 515 F.2d 1028 (5th Cir., 1975) for an approval of the protective search for persons inside a residence even where the arrest is made outside the residence. [1] Standards, and other aspects of the protective sweep doctrine, are discussed in Kelder and Statman, The Protective Sweep Doctrine; Recurrent questions regarding the propriety of searches conducted contemporaneously with

11982–1982
United States v. Harold Smith green
ca5 · 1975
1 sentence

1982NOTES [1] Gary Small was the appellee's friend, former live-in mate and possible accomplice. [2] See U.S. v. Bowdach, 561 F.2d 1160 (5th Cir., 1977); McGeehan v. Wainwright, 526 F.2d 397 (5th Cir., 1976); U.S. v. Smith, 515 F.2d 1028 (5th Cir., 1975) for an approval of the protective search for persons inside a residence even where the arrest is made outside the residence. [1] Standards, and other aspects of the protective sweep doctrine, are discussed in Kelder and Statman, The Protective Sweep Doctrine; Recurrent questions regarding the propriety of searches conducted contemporaneously with

11982–1982
United States of America, Cross-Appellant v. Gary Bowdach, Cross-Appellee green
ca5 · 1977
1 sentence

1982NOTES [1] Gary Small was the appellee's friend, former live-in mate and possible accomplice. [2] See U.S. v. Bowdach, 561 F.2d 1160 (5th Cir., 1977); McGeehan v. Wainwright, 526 F.2d 397 (5th Cir., 1976); U.S. v. Smith, 515 F.2d 1028 (5th Cir., 1975) for an approval of the protective search for persons inside a residence even where the arrest is made outside the residence. [1] Standards, and other aspects of the protective sweep doctrine, are discussed in Kelder and Statman, The Protective Sweep Doctrine; Recurrent questions regarding the propriety of searches conducted contemporaneously with

11982–1982

Where else courts name it

NJ 19 (2010–2026) CA 17 (1983–2023) KY 12 (1986–2025) PA 11 (1982–2026) TX 11 (2004–2026) OH 8 (2008–2025) WI 7 (2000–2021) VA 5 (2007–2026) WA 5 (2017–2020) IN 4 (1991–2019) NM 4 (1995–2017) ID 3 (1999–2026) NY 3 (2002–2011) WV 3 (2013–2014) IL 3 (1995–2010) MI 2 (2025–2025) DE 2 (2017–2023) OR 2 (1999–2007) AZ 2 (2010–2011) CT 2 (2014–2019) MA 2 (2002–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check