U.S. v. Davis

In prosecution on charge of unlawful possession of firearm by felon, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of rifle found in defendant’s home, under circumstances, where: (1) defendant was arrested outside of his front door pursuant to arrest warrant on charges of aggravated battery by discharge of firearm; (2) defendant told officers that children were in his house; (3) officers conducted limited search of house and saw rifle in plain view; (4) 45 minutes after limited sweep, defendant’s housemate arrived at house and gave police consent to search house; and (5) rifle was seized during consensual search. Defendant conceded that housemate had authority to consent to search of home, and Ct. rejected defendant’s claim that said search was tainted by any initial unlawful entry to home, where housemate’s consent was given 45 minutes after initial entry, and thus was sufficiently attenuated from any illegal entry. Ct. also observed that government met its burden to show that officers had good-faith reasons for conducting limited sweep. (Dissent filed.)