United States v. Delva, No. 15-683 (2d Cir. 2017)Annotate this Case
Defendant was convicted of multiple crimes including conspiracy, firearm, and drug-related offenses. On appeal, defendant principally argued that the district court erred in denying his motions for suppression of his cellphone and of letters addressed to his uncle seized by law enforcement agents without a search warrant, from the bedroom he shared with his uncle. Although the Second Circuit agreed with defendant that the record shows that the cellphone and letters were in fact seized after the protective sweep had been completed and the agents had left and reentered the bedroom, the court concluded that the agents' warrantless reentry into that room did not violate the Fourth Amendment because it was justified by the exigencies of the circumstances. The court rejected defendant's challenge to the denial of his suppression motions because the district court did not clearly err in finding that the cellphone and letters were in plain view in that room and were recognizable as evidence. The court affirmed the judgment, rejecting defendant's remaining evidentiary, procedural, and sentencing challenges.