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U.S. v. HARDIN

No. 06-6277.

539 F.3d 404 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Malik D. HARDIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2008.

Attorney(s) appearing for the Case

ARGUED: John E. Eldridge, Eldridge & Gaines, Knoxville, Tennessee, for Appellant. David Charles Jennings, Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF: John E. Eldridge, Eldridge & Gaines, Knoxville, Tennessee, for Appellant. David Charles Jennings, Assistant United States Attorney, Knoxville, Tennessee, for Appellee. Malik D. Hardin, Ray Brook, New York, pro se.

BATCHELDER, J. (pp. 427-45), delivered a separate opinion concurring in part and dissenting in part and dissenting from the judgment.

OPINION

KAREN NELSON MOORE, Circuit Judge.

This case poses a series of intriguing questions: first, to enter a residence to execute an arrest warrant, must a police officer have probable cause or only "reason to believe" that the suspect is inside the residence, and did the officers' knowledge in this case satisfy either standard? Second, does an apartment manager become an agent of the government when officers request that the manager enter an apartment...

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