United States v. Delgado
2011 U.S. Dist. LEXIS 96285
E.D. Wis.2011Background
- Indictment alleges Delgado, a felon, possessed firearms and ammunition in Milwaukee on December 29, 2010, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 26 U.S.C. §§ 5681, 5871.
- Police found three rifles and three shotguns, including a sawed-off shotgun, and ammunition during a search of Delgado’s apartment after detaining him outside the unit.
- Delgado moved to suppress physical evidence and statements, arguing unlawful search and Miranda violations; government opposed with evidentiary hearing claim and factual assertions.
- Magistrate recommended granting suppression in full; government objected, prompting district court de novo review under 28 U.S.C. § 636(b)(1).
- Court holds: handcuffing and squad-car detention were a reasonable Terry stop; border-line but permissible protective sweep of the apartment was justified; some statements obtained during custodial questioning suppressed as Miranda violation.
- Case resolves to admit firearms and ammunition found in the apartment, deny suppression of those items, and suppress certain statements related to prior criminal history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the handcuffing/detention outside the apartment was lawful | Delgado argues detention exceeded Terry stop scope and was an unlawful arrest. | Delgado asserts handcuffs and squad car converted stop into an arrest and violated Terry principles. | Detention was reasonable under Terry; no arrest; handcuffs and temporary confinement were permissible. |
| Whether the apartment search without a warrant was lawful | Delgado contends searches violated Fourth Amendment warrants requirement. | Delgado argues no exigent circumstances or protective-sweep justification valid to permit warrantless search. | Protective sweep doctrine supported a limited, non-arrest-related search; exigent-circumstances argument rejected as to emergency aid. |
| Whether the protective sweep was based on reasonable articulable suspicion | Delgado challenges sufficiency of facts to justify sweep. | Delgado contends facts did not establish danger justifying sweep outside immediate vicinity. | Court finds articulable facts and rational inferences supported a protective sweep outside the detainment area. |
| Whether Delgado's post-sweep statements were obtained in violation of Miranda | Delgado argues statements were tainted by custodial interrogation without warnings. | Delgado contends some questions were in the nature of general-on-the-scene inquiry not subject to Miranda. | Statements about identity of residents are admissible; statements about prior arrests suppressed as Miranda violation. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes the investigative stop framework with reasonable suspicion)
- Adams v. Williams, 407 U.S. 143 (U.S. 1972) (limits and clarifies brief investigative detentions)
- Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (protective sweep doctrine for safety during investigations)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (emergency assistance exception and immediate needs in homes)
- United States v. Bell, 500 F.3d 609 (7th Cir. 2007) (limits on searches and role of probable cause in exigent contexts)
- United States v. Booker, 579 F.3d 835 (7th Cir. 2009) (reasonable suspicion standard for stops)
- Gentry v. Sevier, 597 F.3d 838 (7th Cir. 2010) (defines reasonable suspicion standard and totality of circumstances)
- United States v. Arch, 7 F.3d 1300 (7th Cir. 1993) (extension of protective sweep concepts in non-arrest contexts)
- United States v. Venters, 539 F.3d 801 (7th Cir. 2008) (discussion of exigent circumstances and searches)
- Leaf v. Shelnutt, 400 F.3d 1070 (7th Cir. 2005) (protective sweep doctrine outside arrest context)
- Skrzypek v. United States, 2010 WL 1579697 (N.D. Ill. 2010) ( Seventh Circuit affirmation extending Buie protective sweep outside arrest)
- Kirk v. Louisiana, 536 U.S. 635 (U.S. 2002) (probable cause plus exigent circumstances framework for home entry)
- Huddleston, 593 F.3d 596 (7th Cir. 2010) (exigency for warrantless searches in certain contexts)
- Shlater, 85 F.3d 1251 (7th Cir. 1996) (Miranda waiver framework for custodial interrogation)