{"id":2663,"date":"2008-12-04T15:01:04","date_gmt":"2008-11-09T05:35:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-10T05:57:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2663","title":{"rendered":"Randolph<\/em> did not prohibit entry to retrieve gun where defendant’s girlfriend feared him coming back"},"content":{"rendered":"

Defendant’s girlfriend wanted the police to retrieve his gun in the house when the police took him away. He objected to the search, but the court finds that Randolph<\/a> did not prohibit the search. United States v. Thies, 2008 U.S. Dist. LEXIS 89982 (D. Iowa October 23, 2008):<\/p>\n

Deputy Derrig was told by Nicole Plain that Thies was intoxicated and violent, and she wanted the deputy to enter the house and remove a gun because she feared for her safety. A reasonable officer, after hearing Plain’s concerns and confirming that Thies was, in fact, intoxicated, and he had a gun in the house, would have concluded that Plain needed protection from domestic violence. The court finds that Randolph<\/a> does not extend to the facts of the present case. See United States v. Hudspeth, 518 F.3d 954, 961 (8th Cir. 2008) (Randolph<\/a> is case-specific and extends no further than its particular facts); United States v. Henderson, 536 F.3d 776 (7th Cir. 2008) (strictly limiting the application of Randolph). The deputy’s entry into the house to retrieve the gun was authorized by the consent of the co-occupant, and was not unlawful. See Matlock<\/a>, supra.<\/p><\/blockquote>\n

Defendant was not in custody when he consented and made inculpatory statements. He was told that if he didn’t consent he would be held until a warrant was obtained. The officers were in plain clothes and the situation was not otherwise coercive. The officers actually said that they would not search at that time, and the defendant followed the officers away to talk to them some more. United States v. Bernier, 2008 U.S. Dist. LEXIS 90150 (D. Me. November 3, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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