United States v. Sean Carter

OPINION

BOGGS, Chief Judge.

Defendant Sean Carter pleaded guilty to possession of crack cocaine with intent to distribute and to aiding and abetting his cohort Calvin Holliday in the same crime. The district court denied his motion to suppress evidence gained from a warrant-less search by police of his hotel room, and he now challenges that ruling.

A divided panel of this court previously affirmed the district court ruling, on the grounds that exigent circumstances had justified the police officers’ entry into Carter’s hotel room. We granted rehearing en banc to consider whether the…