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United States v. Daniel McIntosh

Citations: 857 F.2d 466; 1988 U.S. App. LEXIS 12696; 1988 WL 94420Docket: 87-2611EM

Court: Court of Appeals for the Eighth Circuit; September 15, 1988; Federal Appellate Court

Narrative Opinion Summary

In this appellate case, the court reviewed the conviction of an individual for being a felon in possession of a firearm under 18 U.S.C. Sec. 922(g), which followed the seizure of a handgun during a police entry into a residence. The police had entered the residence with an arrest warrant for a third party, a nonresident, without obtaining a search warrant or valid consent. The core legal issues revolved around Fourth Amendment rights, the legitimacy of the police entry, and the need for a search warrant. The appellate court found the individual had standing to challenge the search due to his status as an overnight guest, granting him a legitimate expectation of privacy. The court ruled that the entry was unconstitutional due to lack of consent and absence of exigent circumstances, drawing on precedents from Payton v. New York and Steagald v. United States. Consequently, the appellate court reversed the conviction, ordered the suppression of the firearm as evidence, and remanded the case for further proceedings, underscoring the critical nature of search warrants in protecting individual privacy against unwarranted intrusions.

Legal Issues Addressed

Constitutional Distinction: Resident vs. Nonresident Arrest Warrants

Application: The court distinguished between executing an arrest warrant for a resident of a home versus a nonresident, finding the latter unconstitutional without a search warrant.

Reasoning: The Court distinguishes between executing an arrest warrant for a resident of a home and one for a non-resident, deeming the former constitutionally permissible while the latter constitutes an unconstitutional invasion of privacy without a search warrant.

Fourth Amendment Standing

Application: The court recognized McIntosh's standing to assert his Fourth Amendment rights due to his legitimate expectation of privacy as an overnight guest.

Reasoning: McIntosh was found to have standing to assert his Fourth Amendment rights due to a legitimate expectation of privacy while staying at the Shurns' residence.

Search Warrants and Arrest Warrants

Application: The court emphasized the necessity of obtaining a search warrant for entering a residence when executing an arrest warrant for a nonresident, in the absence of exigent circumstances.

Reasoning: The court emphasized that the absence of exigent circumstances meant the officers could not enter the residence to search or make an arrest without a search warrant, as established in Payton v. New York.

Suppression of Evidence

Application: The handgun seized during the unconstitutional search was deemed inadmissible due to the violation of McIntosh's Fourth Amendment rights.

Reasoning: As a result, the handgun seized during the unconstitutional search should have been suppressed.

Warrantless Entry and Consent

Application: The court determined that law enforcement's entry into McIntosh's temporary residence lacked valid consent as it was not voluntary and was conducted under duress.

Reasoning: The court determined that law enforcement officers lacked consent to enter the home, as the entry was not voluntary; Greer opened the door under duress from officers with drawn weapons.