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United States v. Risner

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ARGUED DECEMBER 2, 2009

Before BAUER, KANNE, and TINDER, Circuit Judges.

After Kevin Risner choked and threatened to kill his girlfriend, she called 911. After an officer arrived she told him that Risner was drunk, armed, and hiding in the basement crawl space of their shared home. Police entered the home and arrested Risner without a warrant. Police reentered the home to take the girlfriend’s statement, and eventually removed several guns from the home at her request. The girlfriend never expressly consented to either of the police entries into her home. Nevertheless, the district court denied Risner’s motion to suppress, finding that the girlfriend had impliedly consented to both entries. We affirm.

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