United States Eighth Circuit

In a prosecution for illegal reentry, as well as various drug- and firearm-related offenses, partial denial of a motion to suppress is affirmed in part but reversed in part where: 1) the district court's holding that defendant, in his diminished capacity due to intoxication, impliedly consented to the search of his bedroom was not fairly supported by the record and was an erroneous application of the law; and 2) thus, evidence seized during an unlawful search of his bedroom required suppression.

Appellate Information

• Decided 03/12/2008
• Published 03/12/2008

Judges

• RILEY, Circuit Judge., Before RILEY, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

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


• For Appellees:
  
• Kathleen D. Mahoney, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.