321 F.3d 1212 (9th Cir. 2003), 02-10168, U.S. v. Bradley

Docket Nº:02-10168
Citation:321 F.3d 1212
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAVID WILLIAM BRADLEY, Defendant-Appellant.
Case Date:March 11, 2003
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit

Page 1212

321 F.3d 1212 (9th Cir. 2003)



DAVID WILLIAM BRADLEY, Defendant-Appellant.

No. 02-10168

United States Court of Appeals, Ninth Circuit

March 11, 2003

Argued and Submitted January 15, 2003-San Francisco, California

Page 1213


Timothy L. Zindel, Assistant Federal Defender, Sacramento, California, for the defendant-appellant.

William S. Wong, Assistant U. S. Attorney, Sacramento, California, for the plaintiff-appellee.

Appeal from the United States District Court for the Eastern District of California William B. Shubb, District Judge, Presiding. D.C. No. CR-01-00265-WBS.

Before: Mary M. Schroeder, Chief Judge, John T. Noonan and Richard R. Clifton, Circuit Judges.


SCHROEDER, Chief Judge:

This is an unusual case in which the district court invoked the emergency doctrine to justify a warrantless entry by sheriff's 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 evidentiary 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.


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 both Bradley and Williams, and took Williams' daughter into protective custody.

Wetzel knew from a previous incident involving the defendant that Williams also had a nine-year-old son. When Wetzel asked Williams where her son Christopher was, she told him that he was "at home with a friend." Wetzel and a second officer, Sergeant Contini, went to the home Page 1214

where Williams and Bradley...

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