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United States v. Nelson

United States District Court, D. Kansas

October 4, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
STEPHEN M. NELSON, Defendant.

          MEMORANDUM AND ORDER

          JULIE A. ROBINSON, UNITED STATES DISTRICT JUDGE

         This matter comes to the Court on remand from the Tenth Circuit, which vacated this Court's denial of Defendant's motion to suppress because the Tenth Circuit found that the protective sweep doctrine did not support the Deputy United States Marshal's search for Defendant's weapon.[1] The Tenth Circuit also remanded to this Court for further proceedings to “determine, on the basis of the evidence already in the record, whether the deputies exceeded the scope of [Antonio] Bradley's consent when they continued searching his residence after they arrested [Defendant].”[2] As described more fully below, the Court finds that the deputies exceeded the scope of Mr. Bradley's consent when they continued searching the house after Defendant's arrest. Accordingly, the Court grants Defendant's motion to suppress.

         I. Relevant Facts

         In December 2014, Defendant's probation officer obtained an arrest warrant based on Defendant's violation of the terms of his supervised release in another case. Deputy United States Marshal (“DUSM”) Jovan Archuleta contacted Antonio Bradley after learning that Defendant occasionally stayed at the Bradleys' home with Alexandra (“Allie”) Bradley, Mr. Bradley's daughter. DUSM Archuleta encouraged Mr. Bradley to contact him if he saw Defendant, and Mr. Bradley agreed.

         On May 2, 2015, Mr. Bradley called DUSM Archuleta and informed him that Defendant was at the house. Mr. Bradley testified as follows concerning his conversation with DUSM Archuleta:

A. I told him he was over there.
Q. Okay.
A. Then he called me back. He said, “Well, I got somebody, is it okay?” I said, “Go on, you can go in the house.”
Q. Okay. So you gave the U.S. marshals permission to go inside your house?
A. Uh-huh.
Q. And did you give the U.S. marshals permission to go in there and search for him and try to find him?
A. Yeah. I told them they can go find him. He's in my house.
Q. Okay. And with that authorization that you gave them, were you giving them authorization to do anything reasonable they needed to do to safely effectuate that arrest or to ...

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