United States Ninth Circuit

Defendant's firearm possession conviction is reversed where exigent circumstances did not justify the police's warrantless arrest and entry into defendant's backyard, and thus the firearm should have been suppressed. Police officers must either obtain a warrant or consent to enter before arresting a person inside a home or its curtilage or make a reasonable attempt to ascertain that he is actually a trespasser before making the arrest.

Appellate Information

• Argued 12/10/2009
• Decided 05/04/2010
• Published 05/04/2010

Judges

• Before JEROME FARRIS, DOROTHY W. NELSON and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jacob Wieselman, Lake Oswego, OR, for the defendant-appellant., Kent S. Robinson, Assistant United States Attorney, Portland, OR, for the plaintiff-appellee.