Gooch

BACKGROUND

On March 20, 2004, Officer Alan Edwards of the Spokane Police Department approached a car stopped in the road. Michael A. Conn, whom Edwards knew from a prior arrest resided at 3010 N. Regal Street in Spokane, was in the pas- senger seat. While Officer Edwards was running a warrant check, Conn jumped out of the car and fled in the direction of the Regal Street residence. Edwards pursued Conn on foot; he did not see Conn enter the Regal Street residence but heard a commotion at the back door, the home’s only useable entrance. While Edwards waited for backup to arrive, he received radio confirmation that there was an outstanding misdemeanor warrant for Conn’s arrest. Edwards had no spe- cific information regarding the warrant other than it was related to a misdemeanor charge, and that the warrant bore the Regal Street residence as Conn’s address. Based on records the government placed in the record on appeal, it appears the arrest warrant was a bench warrant issued for Conn’s failure to appear at a hearing to revoke his probation.

Once backup arrived, Edwards and another officer entered the residence without consent. The officers immediately went to Conn’s bedroom, but…