CA7: Even if this hostage story from victim was fake, a protective sweep was justified

This case started as an apparent hostage situation where a woman text messaged her boyfriend that she was being held hostage in defendant’s house. He called the police and showed the text messages. They tried to figure out what was going on but were getting no response. The SWAT team arrived and spotlighted the house. The woman came out in tears. Her story was recorded on a dash cam. A few minutes later the defendant came out and locked the door behind him. The police took his keys and couldn’t enter to do a protective sweep. The SWAT team forced their way in through the back door. Inside they found guns and drugs during the protective sweep. A search warrant was issued for a search of the house. It seems that the hostage story was concocted to cover with the boyfriend about her staying with defendant and having sex. They’d known each other 25 years. Defendant was convicted under 18 U.S.C. § 922(g) for being a drug user in possession of a firearm, and he was sentenced to 39 months. Still, under what the police knew at the scene, the protective sweep was valid. United States v. Henderson, 748 F.3d 788 (7th Cir. 2014).

Note: Doesn’t it seem a little heavy handed for the feds to prosecute this poor schmuck? He’d probably get probation in state court, if the prosecutor would even exercise the discretion to indict him. But the feds sure would.