United States v. Gamache, No. 14-1546 (1st Cir. 2015)
Annotate this CaseAppellant was charged with possessing an unregistered shotgun with a barrel measuring less than eighteen inches. Appellant moved to suppress the sawed-off shotgun and his statements about it, arguing that his relinquishment of the sawed-off shotgun to police officers was coerced and that his subsequent admissions were fruit of the poisonous tree. The district court denied the motion to suppress. The First Circuit affirmed the denial of the motion to suppress, holding that the district court did not err in denying Appellant’s motion to suppress where the officers were lawfully in Appellant’s home by virtue of his voluntary consent and, once they had served the orders there, they were entitled to seize firearms, such as the sawed-off shotgun, that were in plain sight.
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