lived alone.

       Deputy Ruth knocked on the apartment door. Although the door had been
closed, the latch was not engaged; the door therefore yielded to the deputy's knock.
Through the gap in the door, the deputy could see that the lights were on in the
apartment and he heard a television playing. He shouted, "Deputy Sheriff, Sheriff's
Department!," into the apartment several times, but received no response. Deputy
Ruth then called his dispatcher and told him of the open door; the dispatcher in turn
"held the air" (stopped all other radio traffic) so that fellow police officers could hear
if the deputy needed assistance. With the radio silenced and his weapon drawn,
Deputy Ruth opened the door further and went inside.

      Soon after entering theapartment, Deputy Ruth looked down a hallway. There
he saw a pair of legs on the ground sticking out from a bedroom. As he got closer, the
deputy discovered that the legs belonged to a man lying on the ground with a shotgun
protruding from beneath him. Deputy Ruth yelled but received no reply. He kicked
the man's feet to no avail. Only when the deputy took the shotgun from underneath
the man did he begin to stir.

       After being handcuffed and moved to the living room, the man said that his
name was Carlos Pacheco and that he was staying in the apartment at Ms. Giannone's
invitation. Further investigation revealed, however, that the man's true name was
Christopher Quezada and that he had previously been convicted of felony theft.

