Daniel R. Kendricks v. United States
FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters, even when that firearm is unrelated to the subject of the warrant and shows no signs of illegality, without violating the Fourth Amendment
QUESTION PRESENTED The Fourth Amendment permits law enforcement officers, already searching pursuant to a valid warrant, to search and seize readily apparent contraband found in plain view. The Fourth Amendment also permits officers executing a valid search warrant to take reasonable steps to : secure their safety. Neither the “plain view” nor the “officer safety” exceptions to the Fourth Amendment’s warrant requirement, however, apply to the conduct that the Petitioner challenges in this case. . The question presented is whether law enforcement, when searching a residence pursuant to an arrest warrant, can initiate a separate search into any firearm that it encounters, even when that firearm is unrelated to the subject of the warrant and shows no signs of illegality, without violating the Fourth Amendment. i