United States v. Robert P. Sheley

Appellant was indicted, tried by a jury and convicted of a violation of 18 U.S.C. § 111 , assaulting a federal officer.

MOTION TO SUPPRESS

The assault occurred during a shoot-out with FBI agents who were attempting to arrest appellant at his residence on a warrant charging him with unlawful flight to avoid prosecution. Appellant first contends that the agents’ entry into his residence through an unlocked door was illegal, despite their possession of an arrest warrant. He then argues that the agents’ testimony with reference to certain government exhibits was tainted by the illegal entry and should have been suppressed. No motion to suppress was made prior to or during the course of the trial, nor was any objection made to the testimony or the exhibits when offered in evidence. The failure to object prevents consideration of the issue on appeal unless we can say, in the exercise of our sound discretion, that “plain error” exists. Davis v. United States, 425 F.2d 673, 674 (9th Cir. 1970); Marshall v. United States, 409 F.2d 925, 927 (9th Cir. 1969). The “plain error” rule should be invoked only in exceptional cases where it appears that the invocation of the rule is necessary in…