United States Eighth Circuit

Defendant's convictions for possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug crime, which followed a denial of his motion to suppress evidence, are affirmed where: 1) not only was defendant an occupant of the apartment when the search warrant was executed, he was individually identified in the search warrant application; 2) even if the search of defendant's person was improper, the drug evidence seized from his pocket would inevitably have been discovered; and 3) the properly admitted evidence was sufficient to support the conviction.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

• SHEPHERD, Circuit Judge., Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paul D. Scott, argued, West Des Moines, IA, for Appellant.


• For Appellees:
  
• AUSA Cliff Wendel, argued, Des Moines, IA, for Appellee.