S.D.Tex.: Large number of weapons and potential bombmaking stuff was exigency to call ATF to arrest scene for warrantless check for bombs

Defendant was seen at a gun show in possession of a rifle slung over his back with a box of ammunition in hand by his PO, and he was photographed. That was used to get an arrest warrant from a state court judge. When an arrest was sought with a multiagency task force, the officers heard a woman say “your probation officer is here” and sounds of a gun being readied to fire. Backup was sought. They finally came out, and officers went in to conduct a protective sweep “for the protection of the officers.” Aside from a duffle bag of “AK-47s,” suspicious chemicals were seen, and they called for the ATF to come and check for bombmaking materials, and that was justified by exigent circumstances. Then a search warrant was sought. The evidence shows that officers had an objectively reasonable belief that defendant was residing at the third party’s residence (Steagald). United States v. Yarbrough, 2013 U.S. Dist. LEXIS 2571 (S.D. Tex. January 8, 2013)*:

Applying these principles to this firearm case, the Court concludes that exigent circumstances continued to exist from the time the agents and officers heard the sound of guns being racked through the time the search warrant was obtained. The quantity of people and firearms, as well as the chemicals and other explosive precursors justified the entry of ATF agents for purposes of inspecting the premises for danger and indications of criminal activity. Defendants did not supply any authority on which to base a conclusion that the exigent circumstances had come to rest and no further danger was present. And the facts in this case would not support such a conclusion.

Defendant was a passenger without standing. Moreover, he wasn’t even in the car when it was searched hours later. “In any event, this case did not involve a traffic stop, Defendant’s stint as a passenger in the vehicle had ended hours before he was arrested, and he was standing outside the vehicle when confronted by Officer Stewart.” United States v. Spencer, 2012 U.S. Dist. LEXIS 183866 (D. Minn. December 14, 2012).*