United States v. Jerry R. Blake

SNEED, Circuit Judge:

This is the second time this case has been before us. The central issue in both appeals has been the legality of the appellant’s arrest in his residence by FBI agents acting without a warrant but with probable cause to arrest. Appellant in his first appeal sought to overturn his conviction on the ground that his arrest contravened the Fourth Amendment. Subsequent to the filing of this appeal this court decided United States v. Prescott, 581 F.2d 1343 (9th Cir. 1978), which held that a warrantless entry into a home for the purpose of making an arrest is improper except…