Gentry v. Sevier

Dist. Ct. erred in denying defendant's habeas petition challenging his burglary and theft convictions based on claim that his counsel was ineffective for failing to seek suppression of stolen items found in partially covered wheelbarrow defendant was pushing when defendant was initially encountered on street by police officers. Police officers lacked reasonable suspicion to stop and search defendant where police had only general report that suspicious person was pushing wheelbarrow, and where defendant's behavior or appearance of wheelbarrow did not otherwise suggest that he was engaged in any wrongdoing or was armed. Ct. also found that inevitable discovery rule did not apply since officers could not have discovered stolen items in wheelbarrow but for illegal search of defendant.