United States Eighth Circuit

Exigent circumstances surrounding defendant's capture excused the limited, warrantless acts of placing a ladder against the building and peering through defendant's apartment window; the sight of a handgun then justified the warrantless sweep to secure the apartment and ensure no victims were present. Suspicious items in plain view provided sufficient probable cause for the subsequent warrant.

Appellate Information

• Decided 01/20/2004
• Published 01/20/2004

Judges

• MELLOY, Circuit Judge., Before RILEY, RICHARD S. ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Stephen C. Moss,, Asst. Federal Public Defender, Kansas City, MO. (Raymond C. Conrad, Federal Public Defender, Kansas City, MO., on the brief) for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO. (Rudolph R. Rhodes, IV, Asst. U.S. Atty., Todd P. Graves, U.S. Atty., Kansas City, MO., on the brief), for appellee.