United States v. Lorenzo Spencer

CARDAMONE, Circuit Judge:

The question before us is whether the police — armed with a bench warrant issued on an unrelated misdemeanor charge — may enter a defendant’s dwelling to search for him and, in his absence, legally seize the evidence used at his trial for bank robbery. We believe the answer is “yes” and thus affirm defendant’s conviction.

I

Lorenzo Spencer was charged in a five count indictment with two armed bank robberies involving separate branches of the Astoria Federal Savings and Loan Association in Queens, New York. The first two counts, arising from the May 5, 1981 robbery of…