United States v. Jones

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Jones lived with Kelley. Kelley’s daughter (MK) went to a neighbor to call the police to report that Jones sexually assaulted her. Westville police officers went to the scene. Kelley stated that she was afraid of Jones; MK stated that she had been sexually assaulted by Jones for several years. Kelley stated that Jones was a convicted felon, was violent, and had guns in a bedroom safe. The officers verified that Jones was a felon, then went to the residence. Jones opened the door. Officers observed knives on a counter and told Jones that he needed to vacate the premises. Jones followed instructions. He was handcuffed at a picnic table, 10-20 feet from the door. Kelley signed a consent to search form. In the couple’s bedroom, officers found two gun safes, boxes of ammunition, and empty gun holsters. They saw several guns in one safe, which was partially open. The officers stopped the search, obtained a warrant, then seized 12 firearms, over a thousand rounds of ammunition, 17 clips, and several scopes. Jones was charged under 18 U.S.C. 922(g)(1). The Seventh Circuit affirmed denial of a motion to suppress. Jones failed to object to the search when it occurred; the initial search was conducted with Kelley’s consent and the guns were in plain view, The officers did not unlawfully detain or remove Jones; they had probable cause to arrest him. The guns would have inevitably been discovered. View "United States v. Jones" on Justia Law