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In the Supreme Court of the United States In the Supreme Court of ...

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neighbor. R. at 5. Then, on June 1, 2011, <strong>the</strong>re was ano<strong>the</strong>r neighborhood burglary. R. at 5.<br />

According to <strong>the</strong> Officer, <strong>the</strong> description <strong>of</strong> <strong>the</strong> burglary suspect matched <strong>the</strong> description <strong>of</strong> <strong>the</strong><br />

burglar who killed <strong>the</strong> Convict’s neighbor. R. at 5. The Officer also stated that witnesses saw <strong>the</strong><br />

suspect fleeing towards <strong>the</strong> Convict’s house. R. at 5. The police were going house to house,<br />

ensuring <strong>the</strong> suspect was not hiding in any neighborhood homes. R. at 5. The Officer came to<br />

<strong>the</strong> Convict’s house and asked to come inside to ask some questions because it was raining. R. at<br />

5–6. Upon consent, <strong>the</strong> Officer entered <strong>the</strong> Convict’s living room. R. at 6.<br />

The Officer, who recognized <strong>the</strong> Convict from his sawed-<strong>of</strong>f shotgun conviction, was<br />

familiar with <strong>the</strong> house’s layout and knew that <strong>the</strong> door directly across <strong>the</strong> living room led into<br />

<strong>the</strong> kitchen. R. at 6. The Officer also knew that <strong>the</strong> house had a backdoor that led from <strong>the</strong><br />

kitchen into <strong>the</strong> backyard. R. at 6.<br />

The Officer was not afraid <strong>of</strong> <strong>the</strong> Convict and did not believe <strong>the</strong> Convict was <strong>the</strong><br />

burglar. R. at 6. The Officer, however, was concerned that <strong>the</strong> burglar may have broken into <strong>the</strong><br />

Convict’s house. R. at 6. The Officer asked to look around <strong>the</strong> house. R. at 6. The Convict<br />

claimed he normally kept his backdoor locked and had not heard or seen anything unusual. R. at<br />

6. The Officer, however, wanted to ensure <strong>the</strong> burglar had not broken into <strong>the</strong> Convict’s house<br />

seeking refuge. R. at 6. The Convict did not consent to this sweep, but he also did not rescind his<br />

consent to <strong>the</strong> Officer’s presence in <strong>the</strong> house. R. at 6. The Officer <strong>the</strong>n performed a brief<br />

protective sweep as a precautionary measure. R. at 6. When <strong>the</strong> Officer opened <strong>the</strong> kitchen door<br />

in search <strong>of</strong> intruders, he saw <strong>the</strong> semi-automatic handgun on <strong>the</strong> kitchen counter. R. at 6. The<br />

Convict was arrested and charged with being a felon in possession <strong>of</strong> a firearm under 18 U.S.C.<br />

§ 922(g)(1) (2006). R. at 6.<br />

3

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