U.S. v. Walker

Defendant entered a conditional guilty plea to possession of a firearm and possession with intent to distribute methamphetamine after the district court denied his motion to suppress evidence discovered during a search of a residence where defendant was staying. On appeal, defendant argued that the search was unconstitutional because a protective sweep of the residence was not lawful and because the consent of the residence’s owner was sufficiently attenuated from the protective sweep. The Seventh Circuit reversed and remanded, finding that the officers exceeded the scope of the protective sweep when they lifted the mattress of a bed during the search. (JACKSON-AKIWUMI and MALDONADO, concurring)