United States Sixth Circuit

Denial of defendant's motion to suppress evidence is reversed and his conviction for drug- and firearm-related offenses is vacated where: 1) the circuit court leaves unanswered whether probable cause or "reason to believe" is the correct standard governing when officers may enter a residence to execute an arrest warrant; but 2) an apartment manager in this case was acting as an agent of the government, and officers' remaining information failed to establish even a reasonable belief that defendant was inside an apartment; and 3) thus, a search of the apartment violated defendant's Fourth Amendment rights, and all evidence obtained as a result should have been suppressed.

Appellate Information

• Decided 08/25/2008
• Published 08/25/2008

Judges

• Before:  BATCHELDER, MOORE, and COLE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John E. Eldridge, Eldridge & Gaines, Knoxville, Tennessee, for Appellant.  David Charles Jennings, Assistant United States Attorney, Knoxville, Tennessee, for Appellee.   ON BRIEF:  John E. Eldridge, Eldridge & Gaines, Knoxville, Tennessee, for Appellant.  David Charles Jennings, Assistant United States Attorney, Knoxville, Tennessee, for Appellee.   Malik D. Hardin, Ray Brook, New York, pro se.