Judge Gerri Pickett
A hearing was held to determine if there was probable cause to arrest Cuffy and whether physical evidence recovered was admissible. An officer received a radio call that a child called 911 to say his father had guns in the house. The officer testified he was greeted by a male child who lived there who opened the door enabling the officer to enter. The officer stated the child informed him there were guns in the home, but the officer did not find anything in the living room or kitchen. When the child indicated his father was in an upstairs bedroom, the officer went there and asked Cuffy if he had any guns in the house. Cuffy pointed to a shelf with towels on it. The officer found a firearm under a towel. Seeking suppression of the evidence recovered, Cuffy asserted police did not have probable cause to arrest him for criminal possession of a weapon and endangering the welfare of a minor. The court noted the officer had reasonable cause to believe a gun was in the premises after receiving the call and being informed by the child there were firearms present. Also, as the officer was invited into the home by a resident, he had probable cause to make the arrest when Cuffy admitted owning a gun. Thus, suppression was denied.
