United States v. Ramirez

Shelby was a dangerous, escaped convict. An ATF agent learned from a reliable confidential informant that Shelby was probably staying at the defendant’s home, also a convicted felon. Based on this information, Deputy U.S. Marshals obtained a search warrant and permission to enter the premises without complying with 18 U.S.C. § 3109 from a magistrate. The informant also stated that the defendant might have a stash of weapons in his garage. Early in the morning, the Deputy Marshals used a loud speaker to announce that they had a search warrant. At the same moment one Deputy Marshal broke a window in the garage. He pointed a gun at the opening to discourage a rush for the weapons feared to be inside. The defendant believed people were burglarizing his home and fired a shot into the ceiling of his garage. Moments later, he realized that the persons attempting to enter his home were law enforcement officers and he submitted to their authority. Shelby was not found. However, the officers found weapons in the premises. The defendant was charged with possession of firearms by a felon.