United States v. Delgado-Perez, No. 15-2247 (1st Cir. 2017)Annotate this Case
The First Circuit reversed the district court’s denial of Defendant’s motion to suppress certain evidence, including a loaded firearm found when law enforcement searched Defendant’s home.
Defendant pleaded guilty to being a prohibited person in knowing possession of a firearm or ammunition, reserving his right to challenge the denial of his motion to suppress. The First Circuit held (1) the protective sweep of Defendant’s residence was not lawful in light of the circumstances surrounding Defendant’s arrest; and (2) therefore, the evidence that was recovered during and following the sweep should have been excluded as the illegal fruit of that sweep.
The court issued a subsequent related opinion or order on August 25, 2017.