United States v. Anderson, No. 11-3599 (8th Cir. 2012)
Annotate this CaseDefendant appealed the district court's denial of his motion to suppress drugs and weapons found in an apartment he entered after fleeing from police during a buy/bust operation. Defendant entered a conditional guilty plea to possession with intent to distribute five grams or more of cocaine base and possession of a firearm in furtherance of a drug trafficking crime. Defendant subsequently appealed the suppression ruling, arguing that the actions by law enforcement officers during the buy/bust operation violated his Fourth Amendment rights and tainted the search warrant affidavit used to seize the drugs and weapons from the apartment. The Eighth Circuit Court of Appeals affirmed, holding (1) the search warrant was properly issued; (2) the officers' entry into the dwelling was lawful; and (3) the officers lawfully searched the dwelling.
Court Description: Criminal case - Criminal law. Police entered the balcony to an apartment lawfully as they had observed defendant commit a serious drug felony and had immediately and continuously pursued him to the apartment; defendant's girlfriend, the renter of the apartment, gave a valid consent to search the apartment, and the officers' entry into the department to detain defendant was lawful; girlfriend voluntarily consented to a protective sweep of the apartment, and the search warrant, which was based on the officers' observations during the sweep, was valid.
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