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State v. Meyer12/16/1998
hed harbors an individual posing a danger to the arresting officers. Id. The officer may conduct the search until "[the suspect has been] found, however, [when] the search for him over, ... there no longer particular justification for entering any rooms that had not yet been searched." Id. at 333, 110 SCt at 1097, 108 LEd2d at 285. We will consider the Buie protective sweep in more detail in the latter part of the opinion, as the State relies on the protective sweep exception to justify the officers' search.
[ ] B. Search of the Home Pursuit to an Arrest Warrant for a Third Party.
[ ] Whether a law enforcement officer could legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant and absent exigent circumstances or consent is an issue of first impression in South Dakota. The United States Supreme Court addressed this issue in Steagald v. United States, 451 US 204, 101 SCt 1642, 68 LEd2d 38 (1981).
[ ] In Steagald, Drug Enforcement Administration officials (DEA) obtained information that placed Ricky Lyons (Lyons), a federal fugitive, at a home in Atlanta, Georgia. Id. at 206, 101 SCt at 1644, 68 LEd2d at 41-2. Days after receiving this information, DEA officers drove to the address and they observed two men, Gaultney and Steagald, standing outside the home. Id. Officers approached the men, frisked them, demanded identification and determined neither was Lyons. Id. With only the arrest warrant for Lyons as a justification for entry, they proceeded to enter the home. Id. at 206, 101 SCt at 1644-45, 68 LEd2d at 42. Gaultney's wife was alone in the house. Id. at 206, 101 SCt at 1645, 68 LEd2d at 42. She was forced to place her hands against the wall and guarded while agents looked for Lyons. Id. Officers did not find Lyons but they did uncover cocaine, thus prompting them to obtain a search warrant with which they uncovered a total of forty-three pounds of cocaine. Id. at 206-7, 101 SCt at 1645, 68 LEd2d at 42. Steagald was arrested and faced federal drug charges. Id. at 207, 101 SCt at 1645, 68 LEd2d at 42.
[ ] Steagald moved to suppress all the evidence uncovered during the search on the grounds it was illegally obtained because agents failed to secure a search warrant before entering the home. Id. The district court denied the motion and the Fifth Circuit Court of Appeals affirmed the lower court's decision. Id.
[ ] The Supreme Court looked at the history and purpose of both a search warrant and arrest warrant before addressing the merits of Steagald's claims. Id. at 212, 101 SCt at 1648, 68 LEd2d at 46. The Court found the purpose of a warrant is to allow a neutral judicial officer to make a determination whether the police have probable cause to conduct a search or seizure. Id. The warrant process serves as a "checkpoint" between the Government and the individual, making sure citizens are protected from overzealous intrusions by the police. Id. "However, while an arrest warrant and a search warrant both serve to subject the probable-cause determination of the police to judicial review, the interests protected by the two warrants differ." Id. at 212-13, 101 SCt at 1648, 68 LEd2d at 46.
An arrest warrant is issued by a magistrate upon a showing that probable cause exists to believe that the subject of the warrant has committed an offense and thus the warrant primarily serves to protect an individual from an unreasonable seizure. A search warrant, in contrast is issued upon a showing of probable cause to believe that the legitimate object of a search is located in a particular place, and therefore safeguards an individual's interest in the privacy of his home and possessions
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