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McFerguson v. United States

The court vacated a defendant's conviction for burglary and remanded the case for a determination of whether the doctrine of inevitable discovery applied to the police's stop of the defendant.

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Appeals from the Superior Court of the District of Columbia Hon. Stephanie Duncan-Peters, Hon. Gregory E. Mize, Trial Judges

Argued January 18, 2001

These consolidated appeals arise from separate trials having in common only the fact that the defendant McFerguson was convicted in both for burglaries committed in roughly the same part of Northwest Washington, D.C. In No. 98-CF-1129, McFerguson was found guilty by a jury of burglary in the second degree. In Nos. 98-CF-1124 and 98-CF-1273, McFerguson and Worthington were each convicted by a jury of burglary in the second degree and theft in the second degree. The only issue warranting this published opinion is Worthington’s contention that the trial court erroneously denied his motion to suppress physical evidence and an identification stemming from what he claims was an illegal seizure of his person and search of a plastic bag he was carrying when the police stopped him and McFerguson. We conclude that resolution of this issue requires a remand to the trial court for additional findings relevant to the government’s argument of inevitable discovery. We affirm all of McFerguson’s convictions.

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