U.S. v. THOMAS

No. 03-5041.

372 F.3d 1173 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Doane Keith THOMAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 18, 2004.


Attorney(s) appearing for the Case

Barry L. Derryberry, Research and Writing Specialist (Paul D. Brunton, Federal Public Defender, and Jack Schisler, Assistant Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant.

Timothy L. Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee.

Before EBEL, ANDERSON and McCONNELL, Circuit Judges.


EBEL, Circuit Judge.

Defendant Doane Keith Thomas was convicted under 18 U.S.C. § 922(g)(1) as a felon in possession of a firearm. He now challenges the district court's refusal to suppress the firearm as evidence. We hold that exigent circumstances justified the police officers' warrantless entry into the apartment from which the firearm was retrieved, and that once inside the apartment the officers were permitted to seize the gun from plain view as evidence...

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