United States v. Steven Curtis Waupekenay

EBEL, Circuit Judge.

In this case, we review the district court’s decision to grant the defendant-ap-pellee’s motion to suppress evidence obtained after the defendant-appellee assaulted police officers who had entered his house trailer to intervene in a domestic dispute. We must address two issues. First, did the defendant-appellee’s wife give the officers consent to enter the trailer? Second, if the officers did not receive consent, should the evidence of the defendant-appellee’s assault upon the officers inside the trailer be suppressed as the fruit of an illegal police entry?

We hold that…