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U.S. v. MacDONALD

No. 277, Dockets 89-1262, 89-1263.

916 F.2d 766 (1990)

UNITED STATES of America, Appellee, v. Errol MacDONALD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 1, 1990.

Attorney(s) appearing for the Case

Noah Lipman, New York City, for defendant-appellant.

Stephen Fishbein, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Kerri Martin Bartlett, Asst. U.S. Atty., New York City, of counsel), for appellee.

Before OAKES, Chief Judge, and FEINBERG, MESKILL, NEWMAN, KEARSE, CARDAMONE, WINTER, PRATT, MINER, ALTIMARI, MAHONEY and WALKER, Circuit Judges.

Argued Before the In Banc Court June 25, 1990.

ALTIMARI, Circuit Judge:

We granted rehearing in banc to consider (1) whether a warrantless entry was lawful pursuant to the exigent circumstances exception to the warrant requirement of the Fourth Amendment, and if so, (2) whether law enforcement agents improperly created the exigent circumstances. These issues arise from defendant Errol MacDonald's appeal from a judgment entered in the United States District...

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