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U.S. v. MENDOZA

No. 00-3631.

281 F.3d 712 (2002)

UNITED STATES of America, Appellant, v. James Ray MENDOZA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 21, 2002.

Rehearing and Rehearing Denied: April 2, 2002.

Attorney(s) appearing for the Case

William H. Koch, Asst. U.S. Attorney, Minneapolis, MN, argued (Eric P. Johnson, Asst. U.S. Attorney, on the brief), for appellant.

Jerrod M. Smith, Minneapolis, MN, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD and BYE, Circuit Judges, and GAITAN, District Judge.

Rehearing and Rehearing En Banc Denied: April 2, 2002.*

GAITAN, District Judge.

This case presents the issues of whether a resident of a duplex possesses a legitimate privacy interest in the common entry vestibule, and whether law enforcement agents, who possess a warrant and announce their presence and purpose, must knock when the door to the dwelling has been removed from its hinges. Appellant, the United States, appeals from...

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