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