United States v. Bobby Der Enslin, AKA Bobby De Enslin, Bobby Enslin D

ORDER

The Opinion filed January 13, 2003, slip op. 331, and appearing at 315 F.3d 1205, is amended as follows:

1.At slip op. 344 [315 F.3d at 1213], line 4, insert the following footnote after “During their search,”:

The officers had lawful consent to search the entire house to look for a dangerous fugitive for whom they had an arrest warrant. They had not yet completed their search. Thus, the officers were lawfully in the room when they found Enslin. Accordingly, Enslin’s reliance upon Maryland v. Buie, 494 U.S. 325, 110 S.Ct. 1093, 108 L.Ed.2d 276 (1990), is misplaced. Buie held that an…