Godbey

MEMORANDUM **

Norman J. Godbey III was convicted after a bench trial of being a felon in possession of a firearm and for possessing a stolen firearm. See 18 U.S.C. § 922 (g)(1) & (j). Godbey claims that the district court should have suppressed evidence of the weapon because the Yellowstone County Sheriffs department discovered it in his possession only by making an allegedly unconstitutional warrantless entry into Leon Harlson’s residence and performing an allegedly unjustified pat-down search on Godbey. We hold that the police justifiably entered the residence in order to execute an arrest warrant for Harlson and that the pat-down search was based on their reasonable suspicion that Godbey was armed. We therefore affirm.

The officers were permitted to enter the residence without a search warrant because they had probable cause to believe that Harlson was inside. See Payton v. New York, 445 U.S. 573, 603 , 100 S.Ct. 1371 , 63 L.Ed.2d 639 (1980); United States v. Gorman, 314 F.3d 1105, 1112 (9th Cir. 2002). Deputy Shane Skillen knew that Harlson lived at the residence, a detached one-car garage, and that he kept weapons and contraband there. Even though Skillen did not see…