United States v. Council, No. 16-1472 (8th Cir. 2017)
Annotate this CaseThe 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.
Court Description: Riley, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law. Police officers had probable cause to arrest defendant based on reports and their own observations; defendant came to the door of his residence voluntarily and was in a public place when the officers attempted to arrest him; defendant could not thwart an otherwise proper arrest by retreating into the home after an officer had seized his arm; the officers, who believed defendant was in possession of a sawed-off shotgun had a legitimate concern for their safety, and their warrantless entry into the home was supported by exigent circumstances; officers could obtain a warrant to seize the shotgun which was in plain view when the entered the home.
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