United States v. McConney

728 F.2d 1195 (1984)

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United States v. McConney

United States Court of Appeals for the Ninth Circuit
728 F.2d 1195 (1984)

Facts

McConney (defendant) was convicted of the federal crime of being a felon in receipt of firearms shipped in interstate commerce. During the criminal investigation, police executed a search warrant of McConney’s home. When police arrived at McConney’s home to execute the search, officers knocked on the door and announced their identity but then entered the home without waiting for a response or a refusal to enter. Police found firearms during their search. McConney filed a motion to suppress the evidence, arguing that the search was illegal because the officers entered the home without first waiting for a refusal in violation of federal law. The trial court ruled that the officers’ entry was justified by exigent circumstances and denied McConney’s motion to suppress. Upon his conviction, McConney appealed.

Rule of Law

Issue

Holding and Reasoning (Norris, Goodwin, J.J.)

Concurrence (Boochever, J.)

Concurrence (Goodwin, J.)

Concurrence (Sneed, J.)

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