United States v. Charles Emmett Hoffman

Charles Emmett Hoffman appeals his conviction of having unlawfully possessed a sawed-off shotgun ( 26 U.S.C. §§ 5861 (d) and 5871) and of being a convicted felon in possession of a firearm (18 U.S.C.Appendix § 1202(a)(1)). Hoffman argues that the warrantless seizure of a shotgun from the bedroom of his trailer home was unlawful and that, therefore, the firearm should not have been admitted as evidence against him at trial.

Prior to the jury-waived trial on stipulated facts, the District Court conducted a suppression hearing at which appellant had the opportunity to raise his claim that no exigent circumstances existed which would have justified a search without a warrant. The District Court found adversely to appellant, concluding that an early morning fire in appellant’s trailer excused police from the necessity of seeking a warrant.

I.

The firearm that is the subject of Hoffman’s prosecution was discovered by a Tucson, Arizona, fireman who had responded to a firecall to Hoffman’s trailer. According to fire department records, Hoffman’s landlady, who lived in a trailer adjacent to Hoffman, called the fire department about 2:30 a. m. on March 7, 1978, to report smoke coming…