United States Sixth Circuit

A sentence for possession of a firearm by a felon, arising from a search of defendant's residence while he was serving a sentence as a prisoner in a community residential home, is affirmed where: 1) an individual participating in a community residential program has as much of an expectation of privacy as a prisoner in his jail cell since they are treated as prisoners; 2) defendant was informed that officers had the freedom to enter his home and search the area of control where the defendant sleeps; 3) the state has an overwhelming interest in supervising community resident prisoners; and 4) the exclusionary rule does not apply to knock and announce violations in this situation since the rule has nothing to do with the seizure of evidence.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• Before:  BATCHELDER and SUTTON, Circuit Judges;  BARZILAY, Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Koelzer, Federal Defender's Office, Flint, Michigan, for Appellant.  Robert W. Haviland, Assistant United States Attorney, Flint, Michigan, for Appellee.   ON BRIEF:  David A. Koelzer, Federal Defender's Office, Flint, Michigan, for Appellant.  Robert W. Haviland, Assistant United States Attorney, Flint, Michigan, for Appellee.