D.S.C.: Gun in plain view in a car at a disturbance call could be seized to neutralize it

Responding to a 911 hangup call, the officer came upon a group of people at that address that split into two. He looked in a vehicle and saw a firearm, and he could ask about it and, under the circumstances, seize it to neutralize for exigency. “The Court finds Deputy Lowder’s testimony credible. When he retrieved the firearm, he and Deputy Reid were still in the process of securing the scene—at night—from which a 911 disturbance call had been made. It was reasonable for Deputy Lowder to believe that leaving a potentially loaded gun in the Tahoe posed a threat to his, Deputy Reid’s, and the numerous bystanders’ safety. Although Graham had been secured, a crowd of people remained within walking distance of the Tahoe, and any one of the bystanders could have known the location of the gun. Moreover, the officers had been dispatched in response to a 911 disturbance report, the precise cause of which remained unknown. Swift recovery of the gun was necessary to preserve the peaceful status quo of the scene, and the Court notes the scope of Deputy Lowder’s search did not exceed that required by the exigency of the situation.” United States v. Graham, 2015 U.S. Dist. LEXIS 122426 (D.S.C. September 15, 2015).