On March 8, 2008, Fuentes reported a domestic disturbance at his residence. The officers searched the residence and found a Nagant bolt-action rifle, ammunition, methamphetamine, a glass pipe with methamphetamine residue, and a metal pipe with marijuana residue. The officers believed the Nagant rifle was the same one that a third party had previously reported stolen. The officers arrested Fuentes, and later released him.

On April 21, 2008, Warm Springs Police Department detectives Sam Williams, John Webb, and Casey Lockey drove to Fuentes' residence to interview him about the Nagant rifle. The detectives did not suspect Fuentes of stealing the gun. Instead, they believed the father of Fuentes' girlfriend had stolen it. At the evidentiary hearing, the detectives testified that the purpose of the visit was to “simply interview” Fuentes about the stolen rifle.

Detective Williams walked up the front steps and stood on the porch slightly to the left of the front door. Detective Webb stood on the gravel parking area to the left of the front porch, and Detective Lockey stood to the right of the porch. The detectives did not announce their presence as police officers, and none of them were in uniform.

Detective Williams knocked on the front door, waited a few moments, and then knocked again. There was no response. After the second knock, however, Detective Webb heard “someone moving inside,” just to the left of the front door. Tr. 30, 179, 214. Detective Webb then walked several feet from his initial position, across the grass strip separating the residence from the gravel parking area, and up to the large front window to look inside.

Fuentes, who had been sitting on his couch, got up and looked out of his living room window when he heard the detectives talking about a search warrant. When Fuentes looked out, he saw Detective Lockey peering in. Detective Lockey was startled to see Fuentes “pop up” and immediately drew his duty weapon, pointed it at Fuentes, and ordered him to put his hands in the air and come to the front door.

After escorting Fuentes and Sahme around the house to the detective's police vehicle, the detectives conducted a “protective sweep” of the residence.

The protections afforded by the Fourth Amendment extend to unreasonable searches of the curtilage of a home, which is the area immediately surrounding the dwelling and harbors “the intimate activity associated with t

Anton Vialtsin, Esq.
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