United States v. Anthony Whitehead, 995 F.3d 624

Whitehead (a fugitive with multiple warrants) and Brittney Lark were found naked in a Kansas City hotel room; officers arrested Whitehead at the doorway and recovered a baggie of cocaine from his pants pocket.
During a ~2-minute protective sweep of the room officers looked under the mattress and observed a pistol but did not seize it immediately.
Officers summoned ATF agents; after a conversation Lark — the room’s registered occupant — signed a consent-to-search form and agents then retrieved the gun.
Whitehead moved to suppress the gun; the district court denied suppression based on the protective-sweep and consent exceptions, and he was convicted of illegal possession of drugs and a firearm.
On appeal Whitehead challenged the denial of the suppression motion and the sufficiency of the evidence for constructive possession; the Eighth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the initial sweep that exposed the gun was an unlawful search (protective-sweep)	Sweep exceeded scope; not supported by exigent circumstances	Officers had articulable facts (dark room, movement, unknown occupants, suspect’s criminal history) supporting a quick protective sweep	Protective sweep justified under Buie; two-minute, limited sweep was reasonable
Whether reentry to retrieve the gun violated Fourth Amendment because consent was involuntary	Lark was effectively under arrest; her consent was not voluntary	Lark was the registered occupant, was told the decision was hers, and consent was given without threats or promises	Consent to reenter and retrieve the gun was voluntary; reentry lawful
Whether evidence was sufficient to prove Whitehead constructively possessed the gun	Presence of others and multiple DNA profiles undermined link to Whitehead	Whitehead was lying on the bed above the gun and his DNA was on the grip, supporting dominion/control	Evidence sufficient for constructive possession; jury could reasonably infer possession

Maryland v. Buie, 494 U.S. 325 (1990) (authorizes quick, limited protective sweeps incident to arrest)
United States v. Alatorre, 863 F.3d 810 (8th Cir. 2017) (de novo review and upholding protective-sweep facts/scope)
United States v. Williams, 521 F.3d 902 (8th Cir. 2008) (legitimate expectation of privacy in hotel room analysis)
United States v. Garcia-Lopez, 809 F.3d 834 (5th Cir. 2016) (search under mattress during protective sweep not overbroad)
United States v. Cedano-Medina, 366 F.3d 682 (8th Cir. 2004) (warrantless search valid when based on knowing, voluntary consent)
United States v. Mancias, 350 F.3d 800 (8th Cir. 2003) (consent can be voluntary even if person is under arrest)
United States v. Sanchez, 156 F.3d 875 (8th Cir. 1998) (voluntariness supported where officers informed defendant he could refuse)
United States v. White, 962 F.3d 1052 (8th Cir. 2020) (standard for reviewing sufficiency of evidence)
United States v. Ellis, 817 F.3d 570 (8th Cir. 2016) (constructive possession requires dominion and control over firearm or premises)
United States v. Butler, 594 F.3d 955 (8th Cir. 2010) (location and defendant’s DNA support constructive possession)
United States v. White Bull, 646 F.3d 1082 (8th Cir. 2011) (existence of alternative interpretations does not require acquittal)
United States v. St. John, 716 F.3d 491 (8th Cir. 2013) (jury responsibility to weigh competing inferences)