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: Defense Newsletter Blog

Mastin: Extending Rule of Michigan v. Summers from Search Warrants to Arrest Warrants

By Tim Cone

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In United States v. Mastin, No. 18-14241 (Aug. 26, 2020) (Grant, William Pryor, Antoon), the Court affirmed the defendant?s felon in possession conviction. The Court upheld the denial of a motion to suppress the gun. The gun fell out of the defendant?s waistband after the police ordered him to get on the ground and crawl out of a hotel room where the officers were executing arrest warrants on others. First, the Court explained that, based on the totality of the circumstances, the officers could enter the hotel room to carry out the arrest warrants because they had a reasonable belief that it was the suspects? dwelling and that one of them was there. Second, the Court rejected the defendant?s argument that it was unreasonable to require him to crawl out of the room, because officers may briefly detain those on the premises not only while they execute a search warrant but also while they execute an arrest warrant...continue to full post

Full post as published by Defense Newsletter Blog on August 26, 2020 (boomark / email).