Outside-inside Buie searches and de novo review of MJ's reports

US v. Lawlor, No. 04-2044.  In another appeal from the District of Maine (which is most recently known for its sentencing opinions, see SL&P here), the court holds that a judge did not err in rejecting the magistrate’s recommendation in a gun suppression case.  The magistrate had decided the case based on the stipulated facts, but the judge held an evidentiary hearing.  The court can do that because  28 U.S.C. § 636(b)(1) provides for de novo review, and therefore “...the binding effect of an evidentiary agreement entered into before a magistrate judge is not comparable to that of one entered into before a district court.”  As to the substance of a protective sweep, the court joined a bunch of other circuits in holding that a “Buie search” can occur “follow[ing] an arrest made just outside of the home.” (even if the search, itself takes place “briefly” inside the home.)  Therefore, “...this was a lawful protective sweep and not an illegitimate search for evidence.”