This month, we discuss United States v. Bohannon, in which the U.S. Court of Appeals for the Second Circuit vacated an order suppressing evidence seized pursuant to the arrest of a defendant, who was apprehended while a guest in the residence of a third party. In the decision, written by Judge Reena Raggi and joined by Judge Richard C. Wesley and Judge Christopher F. Droney, the panel ruled that a suspect named in an arrest warrant, who is arrested while visiting another person’s residence, cannot object to the arresting officers’ unlawful entry into the home. United States v. Bohannon, No. 14-4679-CR, 2016 WL 3067993 (2d Cir. May 31, 2016).
After narrowly construing the level of suspicion required to justify entry under these circumstances, the panel vacated the district court’s suppression order along with its conclusion that the officers lacked the requisite suspicion to justify entering the dwelling.
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