Search and Seizure — warrantless searches

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United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — warrantless searches

Where both units of a duplex were being used as one unit, evidence seized from the upper unit need not be suppressed even though the search warrant only specified the lower unit.

“In this case there were many other substantial, particularized factors that would allow a reasonable officer to conclude that he, his fellow officers, or another bystander might face danger. First, the officers had reliable information that drugs were being sold from the lower unit of the house and that a shooting had occurred on the premises just a few hours prior. The officers had also been informed that there were two aggressive pit bulls on the premises and that only one had been subdued. The doors to both the second floor and first floor apartments were open, and the two apartments had been carved out of a former single family home. In fact, it appeared to some of the officers as though the home might be being used as one unit (and indeed, it turns out that it was). Moreover, the police could not have known for certain whether there were other points of access between the two units, such as a back staircase or a fire escape, and whether, therefore, a dangerous dog or person might be moving between the two units. In fact, the aggressive dog initially ran toward the upstairs apartment indicating that the dog might be protecting someone on the upstairs floor. Finally, because one of the detectives was forced to fire multiple shots at an attacking dog immediately after entering the house, the officers knew that any occupants quickly would have been alerted to their presence by the gunfire.”

Affirmed.

13-1148 U.S. v. Starnes

Appeal from the United States District Court for the Northern District of Illinois, Kapala, J., Rovner, J.