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D.Me.: Officer not obliged to let man with history of violent threats retrieve gun

By John Wesley Hall, Jr.

Officer was in a house with a suspect with a history of threatening with a gun. When the defendant admitted having a gun in the house, the situation for the officer became more “worrisome” and the officer was not obliged to let the defendant retrieve the gun. Officer’s looking for the gun in this situation was reasonable. United States v. Zetterman, 2009 U.S. Dist. LEXIS 122823 (D. Me. November 16, 2009).* Defendant’s motion to suppress did not allege standing or that the consent was involuntary, and it was denied. United States v. Cerna, 2009 U.S. Dist. LEXIS 122847 (N.D. Cal. December 21, 2009).* Parole hold was subject to Miranda requirements, and defendant’s unMirandized statement he had a gun in his house was fruit of the poisonous tree as was the search for the gun...continue to full post

Full post as published by Fourth Amendment on January 15, 2010 (boomark / email).