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Tuesday, April 15, 2014

Ind. Decisions - 7th Circuit decides one Indiana case today

In U.S. v. Henderson (ND Ind., Miller), a 10-page opinion, Judge Bauer writes:

Marcus Henderson (“Henderson”) was indicted for being a drug user in possession of firearms in violation of 18 U.S.C. § 922(g)(3). Prior to trial, the district court judge denied Henderson’s motion to suppress evidence seized during a protective sweep of his home. A jury found Henderson guilty, and the district court judge sentenced him to thirty-nine months’ imprisonment, followed by three years’ supervised release, and the payment of a $100 special assessment. On appeal, Henderson contends that the firearms were discovered pursuant to an unconstitutional search because the protective sweep of his home was unreasonable. For the reasons that follow, we affirm. * * *

The sole issue raised by Henderson on appeal is his claim that the protective sweep was unreasonable because there were no articulable facts that Henderson’s house harbored an individual who posed a threat to those on the scene after Henderson exited.

Posted by Marcia Oddi on April 15, 2014 01:26 PM
Posted to Ind Fed D.Ct. Decisions