U.S. v. Schmidt

In prosecution on unlawful possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress warrantless seizure of rifle found in defendant’s chain-link fenced backyard, where police officer had been involved in investigation of report of series of gunshots. Record showed existence of exigent circumstances that supported instant seizure where: (1) officer discovered bullet holes in car parked near defendant’s backyard, as well as bullet holes in nearby duplex and trail of nine spent casings near and in defendant’s backyard; and (2) officer could properly believe at time he entered backyard that someone may have been recently shot and in need of immediate aid. Fact that two hours had elapsed since report of gunshots did not require different result. Moreover, defendant could seize rifle where rifle’s scope and breech were in plain view.