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7th Circuit: Protective sweep by SWAT team reasonable

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The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.

South Bend police and SWAT team officials surrounded Henderson’s home based on a possible hostage situation. Crystal Davis had sent her ex-boyfriend, Terrence Winfield, text messages that she was being held against her will by Henderson in his home and that he had weapons in the house. The standoff lasted about an hour, with Davis leaving first unarmed and Henderson stepping out of the house later, unarmed, and locking the door behind him.

Unable to unlock the front door using Henderson’s keys, the SWAT team forced entry through his back door to conduct a brief protective sweep of the house. No one else was inside, but they saw remnants of a marijuana growing operation and firearms in plain view. A search warrant was later obtained.

Henderson sought to suppress the seized firearms, arguing the protective sweep was unreasonable and violated his Fourth Amendment. The District Court denied the motion, and he was found guilty of being a drug user in possession of firearms.

On appeal in United States of America v. Marcus Henderson, 13-2483, Henderson also argued that the police should have confirmed with Davis how many people were in the home, which would support whether police would have to enter to conduct a protective sweep. But the judges pointed out that it’s not realistic for officers to always rely on the statements of people involved at a crime scene; sometimes they provide wrong information or lie. In the instant case, the District judge believed Henderson’s story that Davis was at his house on her accord but made up the hostage situation because she was unfaithful to Winfield.

“And, the duration and scope of the protective sweep in this case were reasonable. The SWAT team entered the house within ten minutes of detaining Henderson. Unable to operate the front door lock with the keys found on Henderson, the SWAT team forced their way into the house through the back door. Once inside, they secured the premises to ensure nobody remained in the house, victim or assailant. The sweep was cursory and lasted no longer than five minutes. … Other than the SWAT team, the South Bend Police Department remained outside until the court issued the search warrant and a full search was feasible. The district court did not err in denying Henderson’s motion to suppress,” Judge William Bauer wrote.
 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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