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United States Eighth Circuit


US v. Varner, 06-2862

A conviction for possession of ammunition is affirmed over a claim of improper denial of a suppression motion where: 1) officers did not violate the Fourth Amendment by following defendant when he voluntarily reentered his house after being arrested on his front porch; 2) an officer's subsequent entry into the basement was based upon defendant's consent; and 3) illegal items were in plain view in the basement and thus could be seized without a warrant.

Appellate Information

  • Decided 04/04/2007
  • Published 04/04/2007

Judges

  • BENTON, Circuit Judge., Before BYE, COLLOTON, and BENTON Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • B. John Burns, argued, Asst. Federal Public Defender, Des Moines IA, for appellant., Matthew Varner, Federal Correctional Institution, Oxford, WI, pro se.

  • For Appellees:
  • Charles J. Williams, argued, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.
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