U.S. v. Banks

In prosecution on unlawful possession of firearm charge, Dist. Ct. erred in denying defendant’s motion to suppress officer’s warrantless seizure of gun, where record showed that: (1) officer saw Snapchat post of defendant barbequing on his front porch with gun located on grill’s side shelf; (2) officer recognized defendant in post and knew that he was convicted felon; and (3) group of officers went to defendant’s home without warrant, walked onto defendant’s porch and, after struggle, arrested him in room in his house, where police found gun in his pocket. Ct. of Appeals, in reversing Dist. Ct., found that police must have warrant to enter defendant’s home/front porch, and that there was no consent or exigent circumstance at time of entry onto porch to excuse warrant requirement. Ct. further noted that officers’ unlawful entry onto house’s curtilage created any exigent circumstances that might have developed during their eventual arrest of defendant.