State v. Fisher
226 Ariz. 563
| Ariz. | 2011Background
- Mesa police responded to an aggravated assault report; victim described attacker as “Taz.”
- Officers traced the description to Fisher’s apartment complex; Fisher exited with two others, cooperated, and Fisher identified himself as “TA.”
- Police entered Fisher’s apartment to check for others despite no one inside or immediate warrant/consent, after noting unaccounted-for weapon.
- Inside, officers smelled marijuana and found open duffle bags with marijuana; no one was present in the apartment at that time.
- Written consent to search the apartment was obtained from Fisher’s roommate after the sweep; marijuana was seized.
- Fisher was charged with possession of marijuana for sale; suppression motion denied; court of appeals affirmed the validity of the sweep based on reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the protective sweep of a residence is valid when the suspect is detained outside. | Fisher: Buie supports a broader sweep when danger may be present. | State: Buie permits a sweep if supported by articulable facts indicating danger. | Invalid; not supported by specific articulable facts showing someone inside. |
| Whether the Buie two-type framework requires a sweep when the suspect is outside the residence. | Fisher: Buie justification still applies, even if outside. | State: Buie may permit a sweep adjoining the place of arrest. | Court leaves undecided beyond the outside-detained context; in this case, sweep invalid. |
| What standard governs when officers conduct protective sweeps for safety? | Fisher: Fourth Amendment requires facts, not speculation. | State: Safety concerns allow sweeps with minimal justification. | Protective sweep requires specific, articulable facts; speculation insufficient. |
Key Cases Cited
- Maryland v. Buie, 494 U.S. 325 (1990) (protective sweep limited to area adjoining arrest and adjoining places where danger could be found)
- Gandia v. United States, 424 F.3d 255 (2d Cir. 2005) (sweep invalid when no reason to suspect a person hiding in the apartment)
- United States v. Archibald, 589 F.3d 289 (6th Cir. 2009) (two types of Buie searches; requires articulable facts of danger)
- United States v. Moran Vargas, 376 F.3d 112 (2d Cir. 2004) (lack of information cannot justify a protective sweep)
- Maryland v. Buie, 494 U.S. 325 (1990) (reiterated standard for reasonable belief of danger)