Read U.S. v. Winston, 05-1312

Suppression of evidence in a drug trafficking case is reversed where: 1) a protective sweep of a basement by officers was reasonable and not excessive in scope; 2) defendant's statement of ownership of a safe did not arise from illegal observation of the safe; and 3) the defendant consented to a search of his nightstand.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, CYR and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John-Alex Romano, Attorney, Appellate Section Criminal Division, United States Department of Justice, with whom Michael J. Sullivan, United States Attorney, Ariane D. Vuono and Thomas J. O'Connor, Assistant United States Attorneys, were on brief, for appellant.


• For Appellees:
  
• David P. Hoose, with whom Katz, Sasson, Hoose and Turnbull, was on brief, for appellee.