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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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