United States v. Johnson, Sr., No. 10-3779 (8th Cir. 2011)
Annotate this CaseDefendant conditionally pled guilty to being a felon in possession of a firearm and ammunition after the district court denied his motion to suppress a handgun found in a vehicle parked in the driveway of the Pleasant View residence and ammunition found at the 36th Street residence. At issue was whether the district court erred in denying the motion to suppress where the search of the vehicle exceeded the scope of the warrant because defendant was not an "occupant" or "permanent resident" of the Pleasant View residence. The court held that the district court properly denied the motion where defendant was an "occupant" of the Pleasant View residence because he regularly stayed there and his possession of the keys and regular presence demonstrated control and where the search came within the warrant's scope.
Court Description: Criminal case - criminal law. Search of vehicle came within the scope of the warrant, and the district court did not err in denying defendant's motion to suppress items seized from the vehicle.
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