U.S. v. YENGEL

No. 12-4317.

711 F.3d 392 (2013)

UNITED STATES of America, Plaintiff-Appellant, v. Joseph Robert YENGEL, Jr., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 15, 2013.


Attorney(s) appearing for the Case

ARGUED: Richard Daniel Cooke , Office of the United States Attorney, Richmond, Virginia, for Appellant. Caroline Swift Platt , Office of the Federal Public Defender, Alexandria, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellant. Michael S. Nachmanoff , Federal Public Defender, Alexandria, Virginia, Rodolfo Cejas, II , Assistant Federal Public Defender, Patrick L. Bryant , Appellate Attorney, Office of the Federal Public Defender, Norfolk, Virginia, for Appellee.

Affirmed by published opinion. Judge THACKER wrote the opinion, in which Chief Judge TRAXLER and Judge WYNN joined.


OPINION

THACKER, Circuit Judge:

The instant case requires this court to consider whether the district court properly excluded evidence gained from a warrantless search. In so doing, we must address whether it was reasonable for an officer to enter a locked closet without a search warrant after responding to an armed domestic dispute, arresting the suspect and removing him from the residence, and gaining information that indicated a grenade may have been...

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