United States v. Council

The Eighth Circuit affirmed defendant's conviction for being a felon in possession of a firearm. The court held that officers had probable cause to arrest defendant where, among other things, they had received detailed and consistent reports from two witnesses regarding defendant's violent conduct; there was no clear error in determining that defendant came to stand in the doorway of his trailer residence voluntarily; and thus defendant's Fourth Amendment rights were not violated when the officers first sought to arrest him. The court also held that defendant could not thwart his proper arrest by retreating into his home where the officers had a legitimate concern for their safety which constituted an exigent circumstance and justified a warrantless entry. Finally, the shotgun in plain view matched the description that had been provided and could be used as the basis for a search warrant. View "United States v. Council" on Justia Law