United States v. Henderson, No. 13-2843 (7th Cir. 2014)
Annotate this CaseSouth Bend police responded to a report that Davis was being held against her will at the Henderson house. Winfield showed Sergeant Wolff text messages from Davis. Wolff confirmed that the woman sending the texts was in Henderson’s house, called the SWAT team, and set up a perimeter of officers and spotlights. Winfield got a text: “he’s got the door bolted, I can’t get out.” The officers did not attempt direct contact, but set up a loudspeaker and demanded that Henderson exit the house. Several minutes later, Davis came out and stated that all the exits had keyed deadbolts and the keys were in Henderson’s possession and that Henderson threatened her with a handgun. About 30 minutes later, Henderson voluntarily left the house, locking the door behind him. Officers did not find any weapons in his possession. Unable to unlock the door, officers forced entry and conducted a five-minute protective sweep. They did not find anyone else in the house, but saw remnants of a marijuana growing operation and firearms in plain view. Police then obtained a warrant and found crack cocaine, powder cocaine, marijuana, and five firearms. Charged as a drug user in possession of firearms, 18 U.S.C. 922(g)(3), Henderson unsuccessfully moved to suppress the firearms. Convicted, he was sentenced to 39 months. The Seventh Circuit affirmed.
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