48 F.3d 1282 (D.C. Cir. 1995), 93-3065, United States v. Henry

Docket Nº:93-3065.
Citation:48 F.3d 1282
Party Name:UNITED STATES of America, Appellee, v. Roland HENRY, a/k/a Roach, Appellant.
Case Date:March 14, 1995
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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Page 1282

48 F.3d 1282 (D.C. Cir. 1995)

UNITED STATES of America, Appellee,

v.

Roland HENRY, a/k/a Roach, Appellant.

No. 93-3065.

United States Court of Appeals, District of Columbia Circuit

March 14, 1995

Argued Feb. 13, 1995.

Rehearing and Suggestion for Rehearing In Banc Denied May 22, 1995.

Appeal from the United States District Court for the District of Columbia (91cr00628-01).

John A. Shorter, Washington, DC, argued the cause and filed the briefs, for appellant.

Richard J. Nelson, Asst. U.S. Atty., with whom Eric H. Holder, Jr., U.S. Atty., John R. Fisher, and Karen E. Rhew, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.

Page 1283

BUCKLEY, Circuit Judge:

Law enforcement officials arrested appellant Roland Henry as he emerged from an apartment at which he was staying. While conducting a protective sweep of the apartment, the officers found physical evidence that led to Henry's conviction on drug and firearms charges. Henry now appeals his convictions, principally on the ground that the district court erred in denying his motion to suppress the physical evidence. We affirm.

I. BACKGROUND

On October 4, 1991, a team of United States Marshals and Washington Metropolitan Police Officers, armed with an arrest warrant but not a search warrant, went to a Northeast Washington apartment building in search of Henry, who was wanted for a parole violation. An informant had notified the marshals that Henry was staying in apartment # 34, was armed, and might be accompanied by confederates.

The officers began a stakeout of the apartment at 9:30 a.m., with Deputy Marshal Edwin Sloane stationed in a stairwell inside the apartment building and adjacent to the front door of apartment # 34. Late that morning, Henry's fiancee, Sharon Wood, emerged from the apartment. She told the police that Henry was inside and that there was no one else in the apartment with him. At 1:30 p.m., Henry stepped from the apartment into the internal hallway of the building, leaving the door ajar behind him. Sloane immediately placed Henry under arrest and radioed for backup. A number of officers arrived from their posts outside the building, physically subdued Henry, and handcuffed him. Sloane testified that at this point Henry's codefendant, James Hamilton, was outside the building peering into the hallway through a window, and Sloane heard Henry tell Hamilton that "they got me."

Sloane and four other officers stepped into the apartment with Henry. Sloane then conducted what he termed a "security check" of the apartment's bedroom, bathroom, and kitchen to verify that there were no...

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