U.S. v. GERARD

No. 03-1655.

362 F.3d 484 (2004)

UNITED STATES of America, Appellee, v. Michael K. GERARD, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 2, 2004.


Attorney(s) appearing for the Case

Sean Joseph Brean, argued, Lincoln, Nebraska, for appellant.

Bruce Wellesley Gillan, argued, Assistant U.S. Attorney, Omaha, Nebraska (Michael G. Heavican on the brief), for appellee.

Before RILEY, HEANEY, and SMITH, Circuit Judges.


SMITH, Circuit Juge.

Michael K. Gerard argues on appeal that his Fourth Amendment right to be free from unreasonable search and seizure was violated. Gerard's argument is premised on the fact that a police officer, without a warrant, climbed a ladder and attempted to look inside his garage through a ventilation opening. Finding no constitutional error, we affirm the district court.

I. Background

On February 17, 2002, Nebraska State Patrolmen...

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