U.S. v. Segoviano

In prosecution on drug distribution and firearm charges, Dist. Ct. erred in denying defendant’s motion to suppress drugs and firearm seized by police after police had entered defendant’s apartment for purpose of searching for fugitive. Record showed that police: (1) handcuffed defendant, obtained consent to search his apartment, conducted sweep of defendant’s apartment and failed to locate fugitive; and (2) continued to question defendant while he was still in handcuffs and discovered location of drugs and firearm that formed basis of instant charges. However, police did not have sufficient facts to support finding of reasonable suspicion under Terry to continue to detain defendant after unsuccessful sweep of defendant’s apartment, where police had no objective basis to suspect defendant of criminal wrongdoing other than his presence in same building with some potential connection to fugitive. As such, 4th Amendment violation occurred, since police could not prolong defendant’s detention following sweep of his apartment.