United States v. Whitehead, No. 19-3614 (8th Cir. 2021)
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The Eighth Circuit affirmed defendant's conviction for illegally possessing drugs and a firearm. The court agreed with the district court that the protective-sweep exception justified the initial search. In this case, when the victim opened the door of the hotel room, the room was dark, the officers saw movement, and they could not tell how many people were there. Combined with defendant's extensive history, these articulable facts gave officers a reasonable belief that there might be others in the room who posed a danger to them. Furthermore, the search did not exceed the scope of the lawful protective sweep when officers checked under the mattress for hidden fugitives.
The court also agreed with the district court that consent justified the later reentry into the room to retrieve the gun. Finally, the court concluded that the evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm where the government presented sufficient evidence of constructive possession.
Court Description: [Per Curiam - Before Gruender, Benton, and Stras, Circuit Judges] Criminal case - Criminal law. Protective sweep exception justified the initial search of the motel room where defendant was staying as officers had a reasonable belief, under the circumstances, that there might be others in the room; scope of search, including a check under the mattress,did not exceed the scope of a lawful protective sweep, as the officer testified that, in his experience, fugitives sometimes try to hide under mattresses; consent by the person renting the room justified law enforcement officers' later reentry into the room to seize the gun seen under the mattress, and the gun was admissible; evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm.
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