The opinion of the court was delivered by: Ambrose, Chief District Judge
After a hearing on Defendant's Motion to Suppress Evidence and Statements (Doc. No. 47), the Court makes the following:
1. On August 2, 2007, at 12:39 p.m., the Butler Police Department received a call from Defendant's wife reporting a shooting inside a residence at 521 West Penn Street in Butler.
2. Butler Police Officer Fierst arrived at the residence at approximately 12:41 p.m. and saw Defendant exit the residence through the front door and onto the porch with something in his hand.
3. After Butler police officers approached Defendant, they restrained and handcuffed Defendant, frisked him and found marijuana in his pocket. The object in Defendant's hand was a telephone. Defendant was taken to a police car.
4. Officer Fierst and Butler Police Officer Rensel entered the house in tactical mode looking for victims and/or suspects in the shooting by way of a tactical sweep.
5. The officers saw nothing on the first floor, which was messy and in disarray. They found nothing on the second floor but a padlocked room. They found nothing on the third floor. Officer Rensel searched the basement and found nothing.
6. Throughout the search for victims and/or suspects, the officers were in tactical mode doing a tactical sweep for victims and/or assailants.
7. Officer Rensel returned to the locked room on the second floor. Officer Fierst returned to the first floor, saw Defendant's wife and asked if she had a key to the locked room. Defendant's wife indicated that Defendant was the only one who had a key.
8. Officer Fierst obtained a key from Defendant, returned to the second floor and opened the door.
9. Inside, Officers Fierst and Rensel observed several weapons, a grenade with a fuse, and a box of black powder.
10. Officers Fierst and Rensel then evacuated the house and the neighboring area, blockaded the street and gave instructions to call the Allegheny County Bomb Squad.
11. Thereafter, the Butler Police officers obtained a search warrant for the Defendant's residence to seize explosive devices, components and firearms related to violations of Pennsylvania law prohibiting ...