United States District Court, D. Kansas
MEMORANDUM AND ORDER
A. ROBINSON, UNITED STATES DISTRICT JUDGE
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. 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].” 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.
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.
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.
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?
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
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 ...