United States v. Demetrius Pruitt

CLAY (pp. 485-91), delivered a separate concurring opinion.

OPINION

McKEAGUE, Circuit Judge.

Defendant-appellant Demetrius Pruitt appeals the district court’s grant of the Government’s motion for reconsideration of Pruitt’s motion to suppress evidence obtained during a protective sweep of a third-party’s residence. For the reasons that follow, the ruling of the district court is affirmed.

I. BACKGROUND

In June of 2004, Demetrius Pruitt was on parole following his conviction for possession of cocaine, possession of marijuana, and possession of drug-use paraphernalia in violation of Ohio law. Pruitt…