Residential Search Warrants
Including in an affidavit for a search warrant authorization to search for “any firearm,” where it is known only that one specific firearm is in a felon’s residence, is not overbroad.
A person unrelated to this appeal got into a violent domestic dispute with his live-in girlfriend (referred to herein only as “the girlfriend”), threatening her with a firearm and then pistol-whipping her with it across the face. Although he got busted as a result, the girlfriend apparently forgave all because she later talked to him while he was in jail in a conversation that was overhead by police. In this conversation, he told her to take the gun he’d hit her with from their residence and give it to defendant. When the police confronted her about this, she admitted to having dutifully done as she had been instructed, describing the particular firearm in some detail (i.e., a “large silver & gold revolver” of an unknown caliber). It was quickly determined that defendant was a convicted felon and could not legally possess a firearm. So a search warrant was obtained for his home, receiving permission from the magistrate to search for the specific revolver in question. Additionally, however, the warrant also authorized officers to search for “any firearm,” plus various other firearm-related items (what “items” not being described in the case decision). Executing the warrant, the officers found not only the revolver as described by the girlfriend, but three other firearms as well (which, as a matter of interest to some, but unrelated to the issues described in the brief, included an AK-style .545 by 39mm caliber fully automatic machine gun rifle, later determined to have been stolen from an army base). Defendant was charged in federal court with being a felon in possession of a firearm (18 U.S.C. § 922(g)(1)). After his motion to suppress the firearms was denied, he pled guilty and was sentenced to 7½ years in prison. Defendant appealed.