United States v. David William Bradley

This is an unusual case in which the district court invoked the emergency doctrine to justify a warrantless entry by sheriffs deputies into a private residence. The officers entered the home to locate a nine-year-old boy whose mother they had just arrested on drug charges. After the officers obtained a warrant on the basis of what they had seen in the house and conducted a search, the defendant-appellant David Bradley moved to suppress evidence found in the home he occupied with the boy’s mother. The district court invoked the emergency doctrine after an evidentia-ry hearing that resulted in a finding that the officers made the initial entry “because of a genuine concern for the welfare of the child inside.” After the district court denied the defendant’s motion to suppress, the defendant pleaded guilty to the crime of possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He now appeals. FACTS

At approximately 1 a.m., on May 20, 2001, the police stopped Bradley as he was driving with his girlfriend, Tammie Williams, and her two-year-old daughter. A consensual search revealed methamphetamine in the car and in Williams’ purse. Deputy Sheriff Tim Wetzel arrested…