U.S. v. Starnes

In prosecution on drug distribution and unlawful possession of firearm charges, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of drugs and firearms from his apartment, where police had seized said items while attempting to execute search warrant for nearby apartment in same building. Record showed that: (1) police were aware that shooting had occurred earlier that day in building; (2) police encountered open doors to defendant’s apartment and apartment that was subject to search warrant; (3) officer shot pit-bull, that had initially run up stairway leading to defendant’s apartment but suddenly turned and charged officer; and (4) officer observed drugs in defendant’s kitchen while conducting protective sweep of building. While defendant argued that instant seizure should have been suppressed because police made initial entry into his apartment without warrant or lawful reason to enter, initial entry into defendant’s apartment was proper, where officers could reasonably conclude that they might face danger while enforcing first search warrant.