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U.S. v. REED

No. 90-5825.

935 F.2d 641 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. Orville REED, a/k/a Sonny Reed, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1991.

Attorney(s) appearing for the Case

Sanford Benjamin Bryant, Asst. U.S. Atty., Huntington, W.Va., argued (Michael W. Carey, U.S. Atty., John P. Rowley, III, Asst. U.S. Atty., Charleston, W.Va., on brief), for plaintiff-appellant.

Leonard A. Kaplan, Asst. Federal Public Defender, Charleston, W.Va., for defendant-appellee.

Before RUSSELL and CHAPMAN, Circuit Judges, and DUPREE, Senior District Judge for the Eastern District of North Carolina, sitting by designation.

PER CURIAM:

The government appeals the district court's decision to suppress evidence of a sawed-off shotgun in criminal proceedings against appellee Orville Reed for charges of unlawful manufacture and possession of the illegal weapon. The district court granted Reed's motion to suppress evidence of the shotgun on the grounds that the warrantless seizure of the weapon from his residence violated the Fourth Amendment. Finding that exigent circumstances justified the...

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