United States v. Allen, No. 13-3333 (2d Cir. 2016)Annotate this Case
Defendant, who conditionally plead guilty to being a felon in possession of a firearm, appealed the district court's denial of his motion to suppress physical evidence recovered and statements made following his warrantless arrest while he was standing inside the threshold of his home. The district court concluded that although defendant was inside the threshold of his home when he was arrested, no Fourth Amendment violation occurred because the police were able to effect the arrest without crossing the threshold themselves. The court concluded that, because it is uncontested that defendant remained inside his home, and was in his home when the officers placed him under arrest, his warrantless arrest in the absence of exigent circumstances violated the Fourth Amendment. Accordingly, the court vacated, reversed and remanded.