U.S. v. Bullock

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to suppress crack seized from defendant at police station after he was passenger in vehicle that was stopped by police, and after police had executed search warrant on home of driver of vehicle and discovered marijuana in driver’s dining room. Defendant’s detention both at place where vehicle was stopped and at driver’s home to which defendant had been transported by police was proper under Terry, even though police did not discover crack hidden on defendant during initial pat-down at scene of traffic stop, where: (1) police had recently observed defendant engaging in drug activity at driver’s home; and (2) once driver told police at traffic stop that there was marijuana in her dining room, police had probable cause to arrest defendant on charge of visiting common nuisance. Alternatively, defendant’s detention was proper under Summers as detention incident to execution of search warrant where: (1) just prior to traffic stop, police observed defendant leaving driver’s home; and (2) once defendant had been informed of search warrant on driver’s home when detained during traffic stop, defendant became flight risk and posed potential danger to police conducting search warrant. Fact that police had secured defendant in handcuffs at traffic stop, placed him in back of police car and brought him back to driver’s home and did not render instant detention unreasonable.