U.S. v. Carter, 01-5338.
| Citation | 315 F.3d 651 |
| Decision Date | 24 February 2003 |
| Docket Number | No. 01-5338.,01-5338. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Sean CARTER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Before MARTIN, Chief Judge; BOGGS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.
Pursuant to Sixth Cicuit I.O.P. 35(c), a majority of the Judges of the Court in regular active service have voted to grant the request of a member of the Court for rehearing of this case en banc. Sixth Circuit Rule 35(a) provides as follows:
"The effect of the granting of a hearing en banc shall be to vacate the previous opinion and judgment of this court, to stay the mandate and to restore the case on the docket sheet as a pending appeal."
Accordingly, it is ORDERED, that the previous decision and judgment of this court is vacated, the mandate is stayed and this case is restored to the docket as a pending appeal.
It is further ORDERED that the parties simultaneously file supplemental briefs not later than Monday, March 24, 2003.
The Clerk will schedule this case for oral argument as directed by the Court.
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U.S. v. Carter
...officers' entry into Carter's hotel room. We granted rehearing en banc to consider whether the circumstances truly qualified as exigent. 315 F.3d 651. We need not reach that question because we now conclude that the district court correctly found that Carter consented to the officers' The f......
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Murphy v. State, 5D04-1095.
...was being obtained to present him from destroying contraband in residence, held reasonable under exigent circumstances); U.S. v. Carter, 315 F.3d 651 (6th Cir.2003) (officers who saw contraband through open hotel door had exigent circumstances to enter room, arrest defendant and seize drugs......