The evidence showed that Eric Flagg, a special agent with the Bureau of Alcohol, Tobacco and Firearms
, received information that appellant, who had a prior felony conviction, possessed firearms at his residence on Middle Road in Shenandoah County. Flagg also learned that the property had been listed for sale through a real estate company. In response, Flagg contacted the real estate agent for the property and said he was interested in looking at the house.
The realtor showed Flagg and Investigator Laura Clutz the home, which had three levels of living space. In a den located in the basement was a wooden gun cabinet with glass panels. Several long guns were visible in the case. Flagg also saw several rounds of ammunition in the case. The realtor did not ask if Flagg and Clutz were police officers, and the officers did not volunteer this information
Subsequently, the police filed an affidavit to obtain a warrant to search the Middle Road residence for illegal firearms, ammunition, and related evidence.
A magistrate issued a search warrant for the entirety of the Middle Road residence
on August 11, 2008, and police officers executed the warrant that same day.