However, we find it difficult to draw that inference here. The key to our view of the facts is that the police knew all along that they were surveilling Ms. Lewis’ apartment. Hawes testified that he had been advised that Ms. Lewis resided there, and the officers had no reason to assume that she was not there on the day they arrested Colbert. In fact, it is altogether incredible that an officer would be surprised by the fact that a resident of a home would come out of his or her house upon seeing a large group of undercover police officers arresting an individual who just left that resident’s apartment. In addition, there is no indication that Ms. Lewis herself posed any kind of a threat to the officers, indeed she wasn’t searched or taken into custody at all. See United S 6th Cir.1990) (<HOLDING>). Indeed, this justification threatens to
holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid arrest holding that the officers awareness that the defendant could be dangerous and that he had a previous weapons conviction was not enough to justify the sweep because once the defendant was in custody he no longer posed a threat to the police holding that search of appellants suitcase found on the floor next to the couch on which he was sleeping was an unconstitutional search of his person and was not authorized by a search of the residence holding unconstitutional a sweep of the second floor of a house after arrest occurred on first floor where officers could point to no specific basis for believing anyone posed a threat from the second floor holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene