Legal Opinion

United States v. Michael K. Gerard

Court of Appeals for the Eighth Circuit

Decided April 2, 2004No. 03-1655PublishedCited by 24 opinions

1Opinion of the Court

SMITH, Circuit Juge.

Michael K. Gerard argues on appeal that his Fourth Amendment' right to be free from unreasonable search and seizure was violated. Gerard’s argument is premised on the fact that a police officer, without a warrant, climbed a ladder and attempted to look inside his garage through a ventilation opening. Finding no constitutional error, we affirm the district court.

I. Background

On February 17, 2002, Nebraska State Patrolmen entered Gerard’s farm property to locate Gerard because events earlier that night raised concern for his safety. 1 Upon arrival at the farmstead, Trooper…

2Cases cited16 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. Johnson v. United StatesSupreme Court of the United States · 1948
  3. United States v. DunnSupreme Court of the United States · 1987
  4. United States v. Ronald Tobin, Clifford Roger Ackerson, United States of America v. Ronald TobinCourt of Appeals for the Eleventh Circuit · 1991
  5. United States v. Kevin C. ReillyCourt of Appeals for the Second Circuit · 1996

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3Cited by24 opinions

  1. United States v. Benjamin Godfrey Chipps, Sr.Court of Appeals for the Eighth Circuit · 2005
  2. United States v. WellsCourt of Appeals for the Eighth Circuit · 2011
  3. United States v. WalkerCourt of Appeals for the Seventh Circuit · 2016
  4. John C. Bleavins v. Joel H. Bartels, Roger Bay, Vernon McGregorCourt of Appeals for the Seventh Circuit · 2005
  5. Christensen v. QuinnDistrict Court, D. South Dakota · 2014

19 more not listed; retrieve them via the Exa API.

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