United States v. Franklin, No. 11-10555 (11th Cir. 2012)
Annotate this CaseDefendant appealed from the district court's order denying his motion to suppress firearms seized from within his residence following his arrest outside the house pursuant to a warrant for absconding from his conditional release on parole. Defendant contended that the district court erred in concluding that the warrantless entry of his residence did not violate the Fourth Amendment because the evidence showed that probable cause existed that illegally possessed firearms were in the residence and that exigent circumstances justified an entry without obtaining a search warrant. The court concluded that a reasonable, experienced officer would have concluded under the totality of the circumstances that the firearms might be removed or concealed before a warrant could be obtained to enter the residence. Consequently, the court agreed with the district court's holding that the officer's conduct did not violate the Fourth Amendment and affirmed the judgment.
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