Carter

MEMORANDUM *

The United States appeals the district court’s decision to grant Carter’s motion to suppress evidence seized from his residence and incriminating statements made thereafter. The sole question in this appeal is whether the warrantless search of Carter’s home violated the Fourth Amendment. We reverse in part and remand.

With respect to the methamphetamine found in Carter’s pocket, no search warrant was necessary and this evidence is admissible. When Carter answered the door with what appeared to be a gun in his hands, the officers had the right to detain him and frisk him for weapons. Thus, regardless whether the probation officers were at Carter’s house to conduct a legiti *41 mate search, the drugs and currency found on Carter’s person are admissible. See Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968).

With respect to the rest of the evidence seized from Carter’s residence, the admissibility turns on whether Carter consented to the search. The government argues that Carter consented to the search by answering in the affirmative when asked if he consented to a search of his house. However, the district court found that Carter’s oral consent given…