Q: Can a direct appeal be done on a motion to suppress on a warrantless entry that did not have extingency circumstances ?

March 2018 a friend who is disabled had a gun brought to him from a CI. He was a felon, after the ci left the sheriff's department stormed into his home without a warrant. The motion to suppress was heard in September 2018 in federal court. the judge questioned the deputy in great lengths and was caught in a lie to the judge. The judge still allowed case to be heard because he said the outcome would have been the same regardless. There was no extingency circumstances that allow them to come in without a warrant, they could have waited on a warrant. The gun was sent in locked, with no bullets, like I stated previously the man's disabled he couldn't shoot a gun, & last the Ci was paid 1000.00 to bring gun to him . Now case has been heard man found guilty sentenced to 10 years Federal prison and he's on his appeal. His Appel Federal public attorney says there's nothing to direct appeal on for him and is wanting him to waive his right to an appeal!

1 Lawyer Answer
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: An appeal can nonetheless be filed.

By the way the word is exigency

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