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U.S. v. WASHINGTON

No. 08-3317.

573 F.3d 279 (2009)

UNITED STATES of America, Plaintiff-Appellant, v. Tracy WASHINGTON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 22, 2009.

Attorney(s) appearing for the Case

ARGUED: Daniel S. Goodman, United States Department of Justice, Washington, D.C., for Appellant. Richard W. Smith-Monahan, Federal Public Defender's Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Daniel S. Goodman, United States Department of Justice, Washington, D.C., for Appellant. Richard W. Smith-Monahan, Federal Public Defender's Office, Cincinnati, Ohio, for Appellee.

Before: BOGGS, Chief Judge; and BATCHELDER and COOK, Circuit Judges.

OPINION

BOGGS, Chief Judge.

In the early morning hours of Christmas day, two police officers entered George Young's apartment without his permission or a warrant. His nephew, Tracy Washington, had been residing in the apartment for several months and was entertaining friends. Young was in jail at the time and the police told Washington that he was suspected of criminal trespass. Despite Washington's vigorous and repeated objections, these officers patted...

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