[Download] "United States V. Carriger" by United States Court Of Appeals For The Sixth Circuit * Book PDF Kindle ePub Free

eBook details

Title: United States V. Carriger
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 25, 1976
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

This is a direct appeal from a jury conviction upon three counts of an indictment charging violations of the Drug Abuse Prevention and Control Act. 21 U.S.C. § 841(a)(1). The dispositive issue is whether the entry by a government agent, without a search or arrest warrant, into a locked apartment building violated appellant's Fourth Amendment rights. After gaining entry through a locked entrance as workmen were leaving the twelve unit apartment building, of which appellant was a tenant, a federal officer went to the third floor via a stairway and observed what he believed to be an exchange of drugs occurring at the door of one of the apartments. We hold that because the officer did not have probable cause to arrest appellant or his accomplice before he invaded an area where appellant had a legitimate expectation of privacy, the subsequent arrest and seizure of narcotics were invalid.