CA7: Man inside with a gun known to use it was exigent circumstance

Exigent circumstances existed for a warrantless entry of a house for a man with a gun who was known to use it. The fact he was asleep did not lessen the threat. United States v. Huddleston, 593 F.3d 596 (7th Cir. 2010)*:

Here, the officers were told that Huddleston–whom they knew to have a criminal history involving the discharge of a firearm–had a gun and was trespassing in the home of a woman whom he had threatened to kill earlier that evening. Based on those facts, it was reasonable for the officers to conclude that they were dealing with an armed man poised to carry out a death threat, who would not hesitate to discharge his weapon as he had in the past. In these circumstances, the officers had reasonable grounds to believe that Huddleston posed an immediate threat to their safety and the safety of others in the neighborhood. A number of other circuits have “found the presence of guns to justify searches and seizures on the basis of exigent circumstances.” United States v. Reed, 935 F.2d 641, 643 (4th Cir. 1991) (holding that the presence of a sawed-off shotgun in plain view could have constituted a threat to the personal safety of the officers and thus justified the warrantless seizure); see also United States v. Rodgers, 924 F.2d 219, 222-23 (11th Cir. 1991) (exigent circumstances arose when police saw handguns that suspect, a convicted felon, was not allowed to possess, lying on a couch); United States v. Lindsey, 877 F.2d 777, 780-82 (9th Cir. 1989) (information about presence of guns and bombs justified warrantless entry); United States v. Hill, 730 F.2d 1163, 1170 (8th Cir. 1984) (entry justified by officer’s observation through a sliding glass door of a pistol on a bookcase); United States v. McKinney, 477 F.2d 1184, 1186, 155 U.S. App. D.C. 299 (D.C. Cir. 1973) (sawed-off shotgun lying on night table in hotel room was exigent circumstance justifying warrantless entry and seizure).

The fact that Huddleston was asleep does not render the officers’ belief that Huddleston posed an immediate threat unreasonable. As the district court concluded, there was a real risk that Huddleston–who was fully clothed, sitting up and holding the gun–could awaken at any time. Nor are we persuaded that it was unreasonable for the officers to conclude that Huddleston was trespassing without inquiring as to whether he had Tarana White’s permission to be at the house.