United States First Circuit

In a prosecution for drug-related offenses, grant of defendant's motion to suppress evidence stemming from a protective sweep is affirmed where: 1)district court did not commit clear legal error as the court employed the correct legal standard in asking whether a warrant would have been sought if what actually happened had not occurred; 2) court did not commit clear factual error in concluding that the government did not establish that the agents were not prompted to seek the search warrant by information acquired during an unlawful protective sweep; and 3) district court did not abuse its discretion in denying government's motion to reconsider as the language of the court's order suggests that it did consider all of the arguments.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Randall E. Kromm, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellant.


• For Appellees:
  
• Robert M. Strasnick, with whom Andrews & Updegraph, P.C. was on brief, for appellee.