United States v. Loni Tepiew
2017 U.S. App. LEXIS 10403
| 7th Cir. | 2017Background
- A seven-year-old student (T.T.) gave a drawing/report saying her mother was hurt and her one-year-old brother had a head injury; the school alerted police.
- Officer Nickodem, with a child-protective worker and later a partner, drove to the family trailer on the Menominee Reservation to conduct a welfare check.
- On arrival officers knocked, heard movement and a door being locked inside, received no response, called a tribal prosecutor who said a warrant was unnecessary, then forced entry after warning and a short wait.
- Inside, officers found Loni Tepiew with two infants; the one-year-old (D.T.) had visible head injuries and was taken for emergency medical care revealing a fractured skull and other injuries.
- Eleven days later Tepiew admitted (after a polygraph) that she had assaulted the child; she was indicted for assault resulting in serious bodily injury and moved to suppress evidence from the warrantless entry.
- The district court denied suppression under the emergency aid exigency; Tepiew entered a conditional guilty plea and appealed the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless entry into Tepiew’s home was justified by the emergency-aid exigency exception | Tepiew: report was an unverified weekend allegation from a child; no immediate emergency shown; officers delayed (went to CPS, did not use lights/sirens), didn’t interview T.T., and could have sought a warrant | Government: officers had an objectively reasonable basis—recent report that mother “is hurting” and a one-year-old with head trauma; occupants tried to avoid contact/locked doors; obtaining a warrant on the reservation would have taken hours | Court: Affirmed—officers reasonably believed emergency aid was needed; entry falls within emergency-aid exigency, suppression denied |
Key Cases Cited
- Sheik-Abdi v. McClellan, 37 F.3d 1240 (7th Cir. 1994) (home privacy central to Fourth Amendment analysis)
- Soldal v. Cook County, 506 U.S. 56 (U.S. 1992) (emphasizing sanctity of the home)
- Kentucky v. King, 563 U.S. 452 (U.S. 2011) (exigent-circumstances framework for warrantless entry)
- Brigham City v. Stuart, 547 U.S. 398 (U.S. 2006) (emergency-aid justification for warrantless home entry to prevent serious injury)
- Michigan v. Fisher, 558 U.S. 45 (U.S. 2009) (objective-reasonableness standard for emergency-aid entries)
- Sutterfield v. City of Milwaukee, 751 F.3d 542 (7th Cir. 2014) (application of emergency-aid exigency doctrine)
