United States Eighth Circuit

Conviction for possession of a firearm by a felon is affirmed where the search of a bedroom that uncovered the gun was conducted out of the officers' legitimate concern for safety, and the court's determination, that an officer's testimony that the defendant was not intoxicated when he signed a Miranda waiver was more reliable than defendant's, was not erroneous.

Appellate Information

• Decided 01/29/2009
• Published 01/29/2009

Judges

• Before LOKEN, Chief Judge, BEAM and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

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


• For Appellees:
  
• Stefan C. Hughes, Asst. U.S. Atty., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.