United States v. Sabo, No. 12-2700 (7th Cir. 2013)
Annotate this CaseU.S. Marshals knocked on Sabo’s trailer door attempting to locate a fugitive, Sabo’s stepson. When Sabo opened the door, they noticed a strong odor of marijuana. Sabo denied that his stepson was there. Asked whether he was smoking dope with his children in the trailer, Sabo responded, “Get the fuck out of here” and slammed the door. The deputies called the Sheriff’s office for assistance. Detective McCune, who knew Sabo, arrived and knocked. Sabo opened the door and physically blocked entry. McCune asked, “Terry, do you mind if I step inside and talk with you?” Sabo said nothing, but stepped back and let the door open. McCune did not force his way in, but entered and noticed the odor of marijuana and guns leaning against a wall. Sabo was a convicted felon. While the guns were secured, officers swept the trailer looking for the fugitive. McCune obtained a search warrant and seized marijuana in the subsequent search. The district court denied a motion to suppress and Sabo conditionally pled guilty to possession with the intent to distribute a controlled substance and possession of a firearm in furtherance of a drug trafficking crime. The Seventh Circuit affirmed, finding the search consensual.
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