United States v. White

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Pennsylvania troopers responded to a domestic disturbance involving someone “under the influence … waving a loaded firearm … dragging his daughter.” The daughter’s friend relayed information the daughter was sending by text message. The dispatcher advised that the father was believed to be White, who previously had resisted arrest. Arriving at the home, the troopers saw two individuals behind a mud room screen door. Guns drawn, the troopers ordered them out. White emerged and walked unsteadily, leading the troopers to conclude he was intoxicated or under the influence of drugs. As instructed, White went down on the ground, was handcuffed, and subjected to a pat down search. White did not have any weapon. White’s adult daughter, Samantha, emerged. Given her size and apparent victim status, the troopers decided not to handcuff Samantha. A trooper opened the door and seized two guns from the floor just inside the mud room. He walked through the home with Samantha, finding no other person but observing gun cases and a burnt marijuana cigarette, none of which he seized. An officer advised White of his Miranda rights. White stated he was a gun collector, owned firearms, had been carrying guns because he believed people were trying to kill him, and had shot at animals earlier that day. Weeks later, after obtaining a warrant based on the seized firearms, police seized 91 firearms. Indicted for unlawful possession of a firearm by a felon, 18 U.S.C. 922(g), White unsuccessfully moved to suppress all firearms and inculpatory statements. The Sixth Circuit remanded for further proceedings regarding reasonable suspicion and exigent circumstances. View "United States v. White" on Justia Law