Sometimes. Police officers can make "protective sweeps" following an arrest. （Maryland v. Buie, U.S. Sup. Ct. 1990.） When making a protective sweep, police officers can walk through a residence and make a "cursory visual inspection" of places where an accomplice might be hiding. For example, police officers could look under beds and inside closets. To justify making a protective sweep, police officers must have a reasonable belief that a dangerous accomplice might be hiding inside a residence. If a sweep is lawful, the police can lawfully seize contraband or evidence of crime that is in plain view.
Case Example: Police officers have warrants to arrest Fox and Mulder for armed bank robbery. Fox and Mulder live together in a house. Officers Spock and Kirk stake out the house and arrest Fox coming up the driveway. With Fox in custody, Spock goes into the house to conduct a protective sweep. Spock goes into a bedroom, lifts up a mattress and seizes a gun hidden between the mattress and the box spring. Witnesses later identify the gun as the one used in the bank robbery.
Question: Did Officer Spock lawfully seize the gun?
Answer: No. Because Fox and Mulder live together, Fox was arrested outside the house and they were suspected of committing a violent crime, Spock probably had the right to make a protective sweep to look for Mulder. However, Spock had no right to l
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