Guzman v. Commonwealth
Annotate this CaseAppellant entered a conditional plea to first-degree possession of a controlled substance and possession of drug paraphernalia, reserving the right to appeal the denial of her motion to suppress the evidence found during the search of her apartment. The court of appeals affirmed the conditional plea of guilty. Appellant appealed, complaining that the court of appeals' analysis incorrectly found a reasonable suspicion to justify the protective sweep of her apartment following Appellant's consent to officers entering her apartment. The Supreme Court reversed, holding (1) the law, as is stated in this case, is that consent by the owner for the police to enter his home does not extend to the entire house, even for a protective sweep; and (2) the motion to suppress should have been granted because the protective sweep was illegal and the contraband discovered was the result of this unlawful invasion as fruit of the poisonous tree.
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