United States v. Ford, No. 17-1225 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed the trial court's denial of defendant's motion to suppress evidence. The court held that the it was reasonable for officers to believe that defendant was a resident of the home; a protective sweep of the house was justified because the officers had information that defendant was armed; and the scope of the search was reasonable. The court also held that defendant was properly sentenced under the Armed Career Criminal Act because he had three qualifying predicate offenses: assault with a dangerous weapon on a peace officer, manufacturing methamphetamine, and possessing it with intent to distribute.
Court Description: Tunheim, Author, with Gruender and Benton, Circuit Judges] Criminal case - Criminal law. It was reasonable for officers to believe defendant was a co-resident of the home and present at the time they executed the probation violation warrant as the officers had corroborated some of the information in a tip and the co-resident stated or gestured that defendant was in the residence; protective sweep was justified as officers had information defendant was armed, and the scope of the search, including moving some furniture and returning to a room, was reasonable; defendant had three predicate offenses - including assault with a dangerous weapon on a peace officer, as well as manufacturing methamphetamine and possessing it with intent to distribute - and was properly sentenced as an Armed Career Criminal.
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