U.S. v. Lewis

Federal 7th Circuit Court
Criminal Court
Search and Seizure
Citation
Case Number: 
No. 09-3804
Decision Date: 
June 14, 2010
Federal District: 
E.D. Wisc.
Holding: 
Affirmed
In prosecution on unlawful possession of firearm charges, Dist. Ct. did not err in denying defendant's motion to suppress firearm seized by police in bedroom of apartment occupied by defendant, even though defendant argued that police lacked consent to either enter apartment or to go into bedroom. Record showed that defendant let housing security guard and two police officers into apartment after they had identified themselves, and that defendant did not register objection to officer going into bedroom to retrieve defendant's identification. Ct. rejected defendant's argument that he was unlawfully seized at time he gave consent where record showed that police possessed reasonable suspicion through prior third-party reports to believe that defendant had committed housing and firearm violations at time they had entered apartment.