United States v. Scott, No. 16-4052 (8th Cir. 2017)
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After the district court denied Anthony Scott’s motion to suppress guns seized from his home, Scott conditionally pleaded guilty to being a felon in possession of firearms, reserving the right to appeal the denial of his motion to suppress. Scott now appeals the order denying his motion, arguing primarily that the officers’ warrantless entry into the garage violated the Fourth Amendment. Scott
also argued that his wife's later written consent did not purge the taint of the prior unlawful entry. Finally, he argued the search was not a valid parole search. Finding no merit to any of these arguments, the Eighth Circuit affirmed denial of Scott's motion to suppress.
Court Description: Per Curiam - Before Smith, Chief Judge, and Wollman and Gruender, Circuit Judges] Criminal case - Criminal law. Exigent circumstances justified police officers' warrantless entry into defendant's garage, as they legitimately believed, based on the information they had and what they had seen, that someone at the house was armed and that children may be hurt and in danger; after the officers entered the garage, defendant's wife consented to their entry into the home, and the officers' subsequent discovery of guns did not violate the Fourth Amendment.
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