United States v. Jerry R. Blake

This is the second time this case has been before us. The central issue in both appeals has been the legality of the appellant’s arrest in his residence by FBI agents acting without a warrant but with probable cause to arrest. Appellant in his first appeal sought to overturn his conviction on the ground that his arrest contravened the Fourth Amendment. Subsequent to the filing of this appeal this court decided United States v. Prescott, 581 F.2d 1343 (9th Cir. 1978), which held that a warrantless entry into a home for the purpose of making an arrest is improper except when required by exigent circumstances. Recognizing the possibility that Prescott was applicable to this case, we remanded it to the district court to determine the circumstances surrounding arrest. It found that the entry and arrest without a warrant was supported by exigent circumstances. It is from this determination that the appellant now brings his second appeal.

We hold that the district court’s finding is clearly erroneous and that either Prescott or identical pre-Prescott law is applicable to this case with the result that appellant’s warrantless arrest was invalid.

Therefore, we reverse the appellant’s…