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.
083477P.pdf 08/17/2009 United States v. Gary McMullin
U.S. Court of Appeals Case No: 08-3477
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Bright, Author, with Murphy and Bye, Circuit Judges]
Criminal case - criminal law. U.S. Marshal's second warrantless entry
into defendant's residence violated the Fourth Amendment as a new
consent was required for the second entry; defendant's lack of clothing
did not establish an exigent circumstance validating re-entry; judgment
vacated and the case remanded for further proceedings. Judge Murphy,
dissenting.