United States Eighth Circuit

A conviction for being an illegal alien in possession of a firearm and ammunition is affirmed where the district court did not err in denying a motion to suppress statements and a gun found during a warrantless search, as defendant's wife gave valid consent to enter house, and in any event, exigent circumstances justified entry into the home, entry into the bedroom, and a search under a pillow based on wife's statement that defendant had a gun.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

• READE, District Judge., Before MURPHY and SMITH, Circuit Judges, and READE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael F. Maloney, Asst. Fed. Public Defender, argued, Omaha, NE (Jennifer L. Gilg, Asst. Fed. Public Defender, Omaha, NE, on the brief), for appellant.


• For Appellees:
  
• Michael D. Wellman, Asst. U.S. Atty., argued, Omaha, NE, for appellee.