United States Eighth Circuit

One defendant's conviction for conspiracy to distribute methamphetamine is reversed where the district court erred in denying his motion to suppress evidence as: 1) warrantless entries into defendant's home without consent or the presence of exigent circumstances violated his Fourth Amendment rights; and 2) defendant's subsequent consent to search, even if voluntary, did not right officers' constitutionally illegal entry as the consent came immediately on the entry's heels. The admission of certain evidence and another defendant's conviction and sentence are affirmed.

Appellate Information

• Decided 09/14/2006
• Published 09/14/2006

Judges

• SMITH, Circuit Judge., Before BYE, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Assistant Federal Public Defender, Katherine Menendez, argued, Minneapolis, MN, for appellant, Todd John Lakoskey., Kurt B. Glaser, argued, Minneapolis, MN, for appellant, Thomas James Lakoskey.


• For Appellees:
  
• Timothy C. Rank, argued, Asst. U.S. Atty., Minneapolis, MN, for appellee.