United States v. Roger, No. 11-1336 (8th Cir. 2011)
Annotate this CaseDefendant entered a conditional guilty plea to one count of possessing a stolen firearm and ammunition and one count of failing to register as required by the Sex Offender Registration and Notification Act (SORNA), 18 U.S.C. 2250. Defendant appealed the denial of his motion to suppress evidence of the firearm during a warrantless entry into a residence where he was staying. The court held that the district court did not clearly err when it found a reasonable officer would believe that defendant consented to the entry into the apartment where the officer asked defendant if he could see the rifle inside the apartment and defendant agreed to show the rifle to the officer and did not object when the officer followed him into the apartment. Accordingly, the judgment was affirmed.
Court Description: Criminal case - criminal law. The fact that defendant was staying in a third person's apartment establishes both his standing to challenge a warrantless entry into the apartment and his authority to grant consent to a search; officer reasonably believed defendant had authority to consent to the search and did consent when he agreed to show the officer a weapon kept in the apartment and did not object when the officer followed him into the residence.
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