Barricading self in residence to avoid arrest does not negate co-tenant’s later consent to search shared residence

SEARCH & SEIZURE United States v. McKerrell, No. 06-5209, ___ F.3d ___ (10th Cir. Jul 6, 2007)(N.D. Oklahoma). Appeal of district court’s denial of defendant’s motion to suppress evidence that led to conviction for possession of firearm after former felony conviction in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). HELD: Defendant’s act of barricading himself in residence in effort to avoid lawful arrest did not vitiate co-tenant’s later consent to search residence even though defendant could not object to search because he had been removed from scene by police. Read the opinion here.