Following the unexpected death of Defendant Walt Shrum’s common law wife at the couple’s home around 5:30 a.m. on March 11, 2015, police officers in Kingman, Kansas “secured” the home, prohibiting Defendant access. Approximately three hours later and without access to his home, Defendant signed a consent to search form permitting an investigator from the Kingman County Sheriff’s Office (KCSO) to enter his home for the express purpose of retrieving his deceased wife’s medication in anticipation of an autopsy. While in the home, the investigator saw ammunition in plain view inside an open bedroom closet. After returning to headquarters, the investigator learned Defendant was a convicted felon and recalled seeing the ammunition in the closet. Several hours later, the investigator, based on what he had seen and learned, contacted a federal agent and asked him to obtain a search warrant for Defendant’s home. A federal magistrate judge issued the warrant at 10:00 p.m. A late night search of the home, which local authorities still would not permit Defendant to access, uncovered not only the ammunition but also two loaded firearms and 4.4 grams of suspected methamphetamine.
A grand jury subsequently charged Defendant with two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), one count of being a felon in possession of ammunition, again in violation of § 922(g)(1), and one count of possessing methamphetamine in violation of 21 U.S.C. § 844(a). Following the district court’s denial of his motion to suppress the incriminating evidence used to charge him, Defendant entered a conditional guilty plea to one count of being a felon in possession of a firearm. After receiving a sentence of time served, Defendant appealed the district court’s denial of his motion to suppress. Our jurisdiction arises under 28 U.S.C. § 1291. This appeal presents us with two questions: Did the initial securing of Defendant’s home constitute an unreasonable seizure in violation of the Fourth Amendment? And if so, did such seizure taint the incriminating evidence ultimately uncovered in the warrant search of his home? We answer both questions yes, and reverse.
Read full case here: United States v. Shrum, 908 F.3d 1219 (10th Cir. 2018), https://casetext.com/case/united-states-v-shrum-3
Anton Vialtsin, Esq.
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