Younger

I. Facts

On November 18, 2002, police officers Hall and Benzinger, assisted by other officers, executed a warrant to search defen- dant’s person, residence, and vehicle. The warrant was based on information Hall and Benzinger received from a confiden- tial informant that defendant was selling crack cocaine from his residence.

After knocking and announcing their presence, the officers heard loud thumps of someone running inside the residence, and forced entry. After entry, Hall found defendant in an upstairs bedroom. Defendant was standing next to an open window with his right arm outside the window. He was wear- ing a light blue sweat suit and breathing heavily. Hall arrested defendant and placed him in handcuffs without incident. Hall then heard another officer call for his attention. The officer told Hall that “some guy wearing blue threw a backpack on the roof.” Hall brought defendant to the window and the offi- cer stated “[y]eah, that’s the guy.”

Officers retrieved the backpack and inside it found narcot- ics and firearms. Specifically, in the large compartment of the pack officers found a loaded, short-barrel shotgun with two loose rounds, a loaded revolver in a black…