DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041315P.pdf 02/16/2005 USA v. Bobby R Leveringston
U.S. Court of Appeals Case No: 04-1315
Western District of Missouri
Criminal case - criminal law. Conditional guilty plea entered subject
to challenge to warrantless search of hotel suite. Government's
justification based on independent source doctrine is rejected, but initial
warrantless entry of hotel suite was justified by exigent circumstances.
Hotel manager informed officers of suspicious activity, officer heard pots
and pans slamming, dishes breaking, water and disposal running, and
observed occupant leaving suite from second-story window. Exigency
based on possibility of destruction of evidence from other possible
occupant and need to investigate whether any other occupant may have
been injured. [PUBLISHED] [Colloton, Author, with Heaney and
Hansen, Circuit Judge]