2023 Supreme(US)(ca7) 34
COURT OF APPEALS FOR THE SEVENTH CIRCUIT
United States – Appellant
Versus
Tyrone Maxwell – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 22-2135 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TYRONE MAXWELL, Defendant-Appellant. ____________________
Appeal from the United States District Court for the Central District of Illinois. No. 19-cr-30049 — Sue E. Myerscough, Judge. ____________________
ARGUED SEPTEMBER 14, 2023 — DECIDED NOVEMBER 13, 2023 ____________________
Before ROVNER, HAMILTON, and BRENNAN, Circuit Judges. BRENNAN, Circuit Judge. During a warrantless search of Ty- rone Maxwell’s apartment, police found evidence of illegal drug activity. That evidence was seized, and he was charged with various drug-related crimes. Maxwell moved to sup- press that evidence, arguing that the search was not justified by exigent circumstances and the officers’ manner of entry was unreasonable. The district court denied the motion and 2 No. 22-2135 Maxwell conditionally pleaded guilty. He now appeals, argu- ing the search violated the Fourth Amendment. When the police entered Maxwell’s apartment, they had an objectively reasonable basis for believing someone was injured inside, their entrance did not cause excessive or un- necessary damage, and they searched only in places where an injured person could be. Maxwell’s motion to suppress the evidence police obtained was thus properly denied. I
On an August afternoon in 2019, two men approached a secured apartment building in Springfield, Illinois, buzzed a neighboring unit, and explained they were trying to contact Apartment 7’s resident. Neighbors let them in but moments later heard gunshots. The two men fled and neighbors called 9-1-1. When police officers arrived, they saw bullet holes in Apartment 7’s front door, shell casings on the stairs, and an empty gun holster. Considering whether someone may be inside Apartment 7 who was injured or needed assistance, the officers called an ambulance and tried to make contact with anyone inside. Hearing no response, they attempted to open the door manu- ally. When that was unsuccessful, they used a sledgehammer. That implement dented the doorknob, fractured the door, splintered the doorjamb, and overcame the deadbolt, allow- ing entry. From the officers’ arrival to this point, ten minutes had passed. Police opened the door and immediately smelled raw can- nabis and saw loose cannabis. Springfield Police Sergeant Grant Barksdale, the responding officer in charge, turned left down a hallway which led to a bedroom. He entered the room No. 22-2135 3 and saw a closet large enough to fit a person. When he opened the closet door he found more cannabis. Returning to the liv- ing room, he found another large closet. He opened that door, pushed aside some hanging clothes, and found a rifle. Police also saw a money counter sitting on a living room table. The search lasted no more than ninety seconds.1 After some time, Tyrone Maxwell arrived and police determined that it was his apartment. The officers sought and received a search warrant based on what they found in and outside the apartment. During the subsequent search, they found a total of two guns, more than ten pounds of marijuana, and more than $75,000 in cash. A grand jury indicted Maxwell on three crimes: possession of marijuana with intent to distribute, possession of firearms in furtherance of a drug trafficking crime, and possession of firearms as a felon. He moved to suppress the evidence seized during the searches before and after the warrant was issued. Maxwell argued the police did not face an emergency justify-