The protective sweep went far beyond the requirements of Buie, searching the entire house, and it is ordered suppressed. As to “the inevitable discovery analysis, the Court finds that the Government has failed to demonstrate, by a preponderance of the evidence, that the handgun would have been inevitably discovered by lawful means,” so that alternative fails, too. United States v. Rodriguez, 2019 U.S. Dist. LEXIS 71628 (D. N.J. Apr. 29, 2019).
Defendant’s car was subject to search under the automobile exception where officers watching him in a credit card and identity theft operation saw him put boxes in the car. Inevitable discovery also applies because a later search warrant was issued for the car independent of the first search. United States v. Delva, 2019 U.S. App. LEXIS 12856 (11th Cir. Apr. 29, 2019).*