Usav.Ronald Frank Timmann
Ronald Frank Timmann was convicted of possessing firearms as a felon after police entered his apartment without a warrant while investigating a bullet hole in a neighboring unit. The hole had been discovered at least 39 hours earlier, and officers saw no injured person, disturbance, blood, or other sign of an ongoing emergency. They nevertheless entered Timmann’s apartment with a key, forced open a locked bedroom, and saw firearms and ammunition. After learning of the search, Timmann made admissions during two later telephone calls; he had earlier told an officer that a friend’s rifle had accidentally discharged, without being told that police had entered his apartment or found guns. The Eleventh Circuit held that the initial entry was not justified by the Fourth Amendment’s emergency-aid exception because the circumstances did not create an objectively reasonable belief that anyone inside needed immediate aid. The bedroom entry was also unlawful because the officers were not lawfully on the premises and lacked a protective-sweep basis. The court suppressed the admissions from the later calls as fruits of the poisonous tree, but upheld the first statement because an intervening call from Timmann’s aunt, rather than exploitation of the search, prompted it. The court vacated the judgment and remanded.
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