U.S. v. Jones

In prosecution on charge of felon in possession of firearm, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of firearms discovered by police in defendant’s gun safe located in bedroom shared with defendant’s girlfriend. Record showed that girlfriend had gone to police prior to search to say that defendant had frightened her and had guns in gun safe, and police had confirmed that defendant was felon prior to going back with girlfriend to defendant’s home. Moreover, while defendant argued that police had removed him from his home for sake of avoiding his possible objection to police search in violation of Randolph, 547 U.S. 103, Ct. found that defendant’s removal was objectively reasonable, where police had probable cause to arrest him on firearms charge. As such, search of defendant’s home pursuant to consent given by girlfriend fell outside Randolph holding. Ct. further found that firearms were admissible under inevitable discovery rule where govt. had legal justification for seeking warrant given girlfriend’s statement, police confirmation of defendant’s felon status and their open observation of ammunition and empty gun holsters in defendant’s home.