United States v. Collins, No. 12-1353 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm and ammunition. On appeal, defendant challenged the denial of his motion to suppress evidence discovered in a bag near where he was arrested by officers executing a parole violation arrest warrant. The court held that the district court's finding, that the officers could reasonably conclude that a third party, the tenant of the dwelling, voluntarily consented to them going inside and later proceeding upstairs to defendant's bedroom, was not clearly erroneous. Moreover, the court concluded that the officers did not violate the Fourth Amendment even if they did not have the tenant's consent where the arrest warrant gave the limited authority to proceed to that portion of the dwelling where there was reason to believe defendant would be found.
Court Description: Criminal case - Criminal law. Finding that police officers could reasonably conclude that the tenant voluntarily consented to their going upstairs in her residence was not clearly erroneous; even if she did not give consent, the officers did not violate the Fourth Amendment by going upstairs to look for defendant as the officers had a reasonable belief, based on her comments, that defendant was present in that portion of the residence.
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