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Appellate Advocacy Keyed to Meador, 2nd Ed.
United States v. McConney
Citation:
728 F.2d 1195 (1984)Facts
On June 12, 1979, McConney was indicted along with 31 others for RICO violations related to the Hell’s Angels Motorcycle Club. The next day, federal agents executed arrest and search warrants at McConney’s home. When agents approached the residence at approximately 8:30 p.m., they found the solid front door open with an inner screen door closed. Agent Olson, the lead agent, knocked on the door and announced his identity and purpose. Through the screen door, he recognized McConney inside with another person whose back was to the door. Without waiting for a response or refusal of entry, Olson opened the screen door and entered with other agents. McConney and the other person were ordered to move to the floor next to a sofa. While they were being handcuffed, an agent discovered a loaded pistol beneath one of the sofa cushions. McConney was subsequently charged with and convicted of being a felon in possession of a firearm. The district court found that exigent circumstances justified the agents’ failure to wait for refusal of admittance before entering and that the seizure of the pistol was incident to a lawful arrest.
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