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UNITED STATES v. BAYKO

No. 85-1253.

774 F.2d 22 (1985)

UNITED STATES, Appellee, v. Mark Allen BAYKO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 1, 1985.

Attorney(s) appearing for the Case

Jean-Claude Sakellarios, Manchester, N.H., by appointment of the Court, for defendant, appellant.

Bruce E. Kenna, Asst. U.S. Atty., Concord, N.H., with whom Richard V. Wiebusch, U.S. Atty., Concord, N.H., was on brief for appellee.

Before CAMPBELL, Chief Judge, BREYER, Circuit Judge, and CEREZO, District Judge.

PER CURIAM.

Mark Bayko, a previously convicted felon, was found guilty of illegally possessing a gun. 18 U.S.C. app. § 1202(a)(1) (1982). He appeals, claiming that the police unlawfully seized the gun in question. The specific issue before us is whether Police Officer Jeffrey Koehler, by knocking on Bayko's door at about 4:30 a.m. (without announcing that he was a policeman), violated the Fourth Amendment's prohibition of "unreasonable searches and seizures....

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