U.S. v. McMillian

In prosecution on charge of unlawful possession of firearm, Dist. Ct. did not err in denying defendant’s motion to quash search warrant, where warrant was issued after defendant had been arrested and after police had conducted protective sweep of defendant’s home. While instant protective sweep of defendant’s home violated 4th Amendment because police did not reasonably believe that defendant’s home harbored individual posing danger to police, search warrant was still valid, where affidavit used to support issuance of warrant indicated that defendant had consented to officer entering his home to retrieve defendant’s shoes, and that officer had observed two gun cases during said retrieval. Moreover, once officer saw gun cases, reasonable person could believe that search of defendant’s home would produce firearms and ammunition. Fact that instant warrant contained typographical error on address of defendant’s home did not invalid warrant where affidavit contained sufficient details of defendant’s home to allow officer to identify intended home.