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Randolph did not prohibit entry to retrieve gun where defendant's girlfriend feared him coming back

By John Wesley Hall, Jr.

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 did not prohibit the search. United States v. Thies, 2008 U.S. Dist. LEXIS 89982 (D. Iowa October 23, 2008): 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 does not extend to the facts of the present case. See United States v...continue to full post

Full post as published by Fourth Amendment on November 10, 2008 (boomark / email).