United States v. Gandia

The defendant-appellant, Edward Gandia, appeals from his conviction and sentence, following a bench trial in the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) on charges of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g). Prior to trial, Gandia moved to suppress a firearm and ammunition that police officers had discovered as a result of a warrantless search of the living room and bedroom of his apartment. The government argued that because Gandia consented to the entry of the officers into his kitchen for the purpose of interviewing him, they were entitled to search other rooms of his apartment as part of a "protective sweep."