United States v. Tepiew

Menominee Tribal Officer Nickodem was summoned to a school, concerning seven-year-old T. T. told a school counselor that her one-year-old brother had a head injury and that her mom’s boyfriend beat her mom and hurt her brother. Nickodem never met T. but asked a child protective worker to accompany him on a welfare check. Nickodem knocked and announced his presence. He heard movement and saw a curtain move. He knocked again. He heard a door lock. He could not see inside the home; there were no obvious signs of distress. Nickodem called his supervisor who was with the tribal prosecutor. Nickodem did not state that he was not certain who was in the house. The prosecutor stated that he should enter the home. Nickodem again knocked and announced, then kicked down the door. Officers entered, found T.’s mother, Tepiew, a four-month-old infant, and the one-year-old child, who had apparent head injuries. Tepiew had an injury around her eye. The officers heard noises and found her boyfriend, Johnson, in a closet. There were active warrants for Johnson’s arrest. Tepiew was treated as a victim and was not arrested. One-year-old D.T. had a fractured skull, multiple bruises, a healing tibial fracture, and indications of a liver injury. Eventually, Tepiew admitted that she had inflicted D.T.'s injuries while intoxicated. She was charged with assault resulting in serious bodily injury, 18 U.S.C. 113(a)(6) and 1153. The Seventh Circuit affirmed denial of her motion to suppress, finding the warrantless search justified by an emergency. View "United States v. Tepiew" on Justia Law