State v. Schaffer (1999)

In State v. Schaffer, 133 Idaho 126, 131, 982 P.2d 961, 966 (Ct. App. 1999) the Court discussed "Type II" sweeps, explaining: "Maryland v. Buie, Terry v. Ohio and related cases establish that the important need of law enforcement personnel to take precautions for the safety of themselves and others at the scene may take precedence over an individual's privacy interest, but the circumstances are narrowly confined to prevent governmental overreaching. The Buie opinion emphasizes that a protective sweep is not constitutionally permissible unless the officer held an objectively reasonable suspicion, based upon articulable facts, that the place to be searched harbors an individual who poses a threat to officers at the scene. Buie, 494 U.S. at 334, 337. The general desire to be sure that no one is hiding in the place searched is not sufficient to meet this requirement. See United States v. Ford, 312 U.S. App. D.C. 301, 56 F.3d 265, 270 (D.C. Cir. 1995)."