U.S. v. Delgado

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Case Number: 
No. 12-2478
Decision Date: 
November 29, 2012
Federal District: 
E.D. Wisc.
Reversed and vacated in part and remanded
In prosecution on unlawful possession of firearm charge stemming from warrantless search by police of defendant’s apartment, Dist. Ct. erred in denying defendant’s motion to suppress said search. Record showed that: (1) police received report that individual who had been shot was hiding in defendant’s apartment; (2) defendant and another individual with visible wound came out of his apartment; and (3) after police placed defendant in squad car, they proceeded to search apartment where firearms were located. Ct. of Appeals found that State had failed to establish existence of exigent circumstances to justify warrantless search after rejecting govt. argument that search was reasonable because shooter could have been located in apartment.