United States v. Witzlib, No. 15-1115 (7th Cir. 2015)
Annotate this CaseHis aunt and uncle reported to police that Witzlib was making M-80s in the basement of his grandmother’s house, where he and his grandmother lived. A federal license is required for manufacture of the highly explosive devices, 18 U.S.C. 842(a)(1). His aunt stated that Witzlib held “anti-government beliefs,” was unpredictable, and didn’t take the medications prescribed for his “mental health issues.” Local police and a federal Bureau of Alcohol, Tobacco, Firearms and Explosives agent went to the grandmother’s house and knocked. Witzlib answered. Officers told him that they were “responding to a fireworks complaint” and needed to conduct a “safety check” of the house. He demanded to see a search warrant and stated he would not consent to a search. They ignored him, then spoke to the grandmother, who signed a consent-to-search form, and stated that Witzlib had been making fireworks in the basement. In the basement, they found about 1000 M-80s. They arrested Witzlib; the next day officers removed the M-80s from the basement and, for the first time, obtained a warrant to search the house. They uncovered additional incriminating items. The Seventh Circuit affirmed denial of a motion to suppress, noting that the basement was not Witzlib’s private space
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