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Name: U.S. v. Bradley
Case #: 02-10168
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/11/2003
Summary

Officers entered a residence without a warrant to locate a nine year old boy whose mother they had just arrested on drug charges. Based on their observations in the home (a firearm) they obtained a search warrant for the home. Bradley moved to suppress the evidence found in the search of the home he shared with the boy’s mother. The district court denied the motion based on the emergency doctrine, and Bradley pleaded guilty to possession of a firearm. The appellate court here affirmed the denial of the suppression motion. The original entry into the home was justified because the officers believed there was an emergency requiring assistance due to the risk of explosion created by methamphetamine labs. The entry was not motivated by the desire to find evidence, but to determine the welfare of the child inside. All of the evidence described in the search warrant was in plain view, and therefore use of the evidence was lawful.