United States Eighth Circuit

In a prosecution for possession of a firearm by an unlawful user of controlled substances, denial of defendant's motion to suppress weapons seized via a warrant search of his residence for drugs is affirmed where: 1) despite the inclusion of an erroneous statement in the search warrant, the factually correct information within the affidavit supported a finding of probable cause; and 2) weapons seized during a lawful search for drugs were within the scope of the search under the plain view doctrine.

Appellate Information

• Decided 06/06/2008
• Published 06/06/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Donald R. Cooley, Springfield, MO, argued, for appellant.


• For Appellees:
  
• Philip M. Koppe, Asst. U.S. Atty., Kansas City, MO, argued (John W. Wood, U.S. Atty., Kansas City, MO, Richard E. Monroe, Asst. U.S. Atty., Springfield, MO, on the brief), for appellee.