United States v. McMillian

Milwaukee Officer Shull reviewed evidence that McMillian was involved in a 2007 double homicide and went to McMillian’s home to arrest him. Officers arrived at McMillian’s house without a warrant. Shull knocked and announced that he was a police officer. When McMillan came to the door, Shull arrested him. Tactical officers then conducted a protective sweep of the house and observed a rifle case a bedroom. Shull noticed that McMillian was barefoot and asked if he wanted shoes. Shull took his response as a request by McMillian to get his flip flops from the back bedroom. Shull bent to pick up the shoes and saw gun cases between the bed and the nightstand. Based on an inaccurate affidavit that said that an assault rifle had been observed during the protective sweep and described an informant’s statement that McMillian had confessed his involvement in 2007 homicides, a state judge issued a search warrant. The address on the warrant was corrected without the officer being placed under oath. McMillian was also indicted on sex trafficking charges. The Seventh Circuit affirmed denial of his motion to suppress and his conviction of possession of firearms and ammunition as a felon, 18 U.S.C. 922(g)(1) and 924(a)(2), finding that the warrant satisfied the Fourth Amendment. View "United States v. McMillian" on Justia Law