State v. Roundtree
1701009784
| Del. Super. Ct. | Oct 4, 2017Background
- On Jan. 17, 2017 Dover police conducted a warrantless entry of Huey Roundtree’s single‑wide mobile home while searching for Andre Brown (wanted only for questioning in a homicide/robbery a week earlier).
- Police had surveilled the residence the prior day and established a perimeter before knocking on Jan. 17.
- After Roundtree opened the door, an officer smelled burnt marijuana and saw a second person on a couch; Roundtree said no one else was home but another person then emerged from a bedroom.
- Officers immediately entered and performed a protective sweep; during the sweep they observed a marijuana crusher, a green bullet‑proof vest, and a shotgun grip in a closet.
- Police then obtained a search warrant; execution revealed a Remington 870 shotgun and led to multiple charges. Roundtree moved to suppress all evidence from the Jan. 17 entry.
Issues
| Issue | State's Argument | Roundtree's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry/search was justified under the emergency (Guererri) doctrine | Entry was permissible under Guererri’s emergency exception and the search to locate persons/ensure safety was allowed | No emergency existed; police had time (prior surveillance and perimeter) and were only seeking someone for questioning, so entry violated Fourth Amendment | Court: No. State failed first Guererri prong — no reasonable grounds to believe an immediate emergency existed; entry unjustified; suppressed evidence |
| Whether a protective sweep (Buie) justified the search | Protective sweep permissible to ensure officer safety during clearing | No arrest or arrest warrant existed; Buie applies only incident to an arrest, so protective sweep not available | Court: Buie inapplicable because there was no arrest (Brown was wanted only for questioning); protective sweep unjustified |
Key Cases Cited
- Maryland v. Buie, 494 U.S. 325 (1990) (authorizes a limited protective sweep incident to an in‑home arrest to ensure officer safety)
- Guererri v. State, 922 A.2d 403 (Del. 2007) (articulates three‑prong emergency‑doctrine test for warrantless home entries)
- State v. Hedley, 593 A.2d 576 (Del. Super. Ct. 1990) (distinguishes protective sweep doctrine from emergency doctrine)
- Payton v. New York, 445 U.S. 573 (1980) (recognizes sanctity of the home and that warrantless entry is presumptively unreasonable)