U.S. v. ELAM

No. 04-4170.

441 F.3d 601 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Robert W. ELAM, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 23, 2006.


Attorney(s) appearing for the Case

Kimberley A. Gale, argued, Kansas City, MO, for appellant.

Jess E. Michaelsen, argued, Asst. U.S. Attorney, Kansas City, MO, for appellee.

Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.


LOKEN, Chief Judge.

Robert W. Elam, Jr. entered a conditional plea of guilty to being a felon in possession of a firearm and now appeals the district court's1 denial of his motion to suppress. The firearm was found in a locked cabinet in a common closet in the home where Elam was residing. The principal issue on appeal is whether Kansas City Police Detective Chad Durbin reasonably believed that a third party — the lessee of the...

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