United States Second Circuit

On remand from the U.S. Supreme Court who determined that the detention-incident-to-search rule did not apply but left open the question of the reasonableness of the investigatory stop, defendant's convictions on drug and gun charges are affirmed, where: 1) defendant's initial detention by police about a mile from a residence that he had just departed that was about to be searched pursuant to a judicial warrant was reasonable under Terry v. Ohio but ceased to be so when he was placed in handcuffs; 2) accordingly, while evidence obtained from defendant before handcuffing was lawfully obtained under Terry, evidence obtained thereafter was not; but 3) no vacatur for retrial is required because admission of the tainted evidence at trial was harmless beyond a reasonable doubt.

Appellate Information

• Decided 02/21/2014
• Published 02/21/2014

Judges

• RAGGI

Court

• United States Second Circuit

Counsel