U.S. v. Tapia

In prosecution on charge of felon in possession of firearm, Dist. Ct. did not err in denying defendant's motion to suppress gun seized from basement of defendant's home during protective sweep of said basement conducted shortly after defendant had been arrested in his home pursuant to arrest warrant. Instant protective sweep was reasonable where arresting officers had good grounds to believe that potentially dangerous individuals could have been in basement at time of defendant's arrest where: (1) arresting officers were aware that defendant was leader in local gang, which had been involved in recent shootings; (2) defendant's home was gathering place for said gang; (3) defendant had come up from basement immediately prior to his arrest; and (4) officers observed large car parked outside defendant's home.