Criminal Law-Unlawful Possession of Firearm-Warrantless Search of Residence-Evidence of Possession

Staff Report//June 10, 2026//

Listen to this article

Defendant appealed his conviction for unlawful possession of a firearm. Defendant fled from a traffic stop and ran into a nearby residence, fleeing into a child’s bedroom. After defendant surrendered, the child directed police to a firearm located under clothes in a laundry hamper. Another resident initially denied knowing defendant but later claimed that defendant had an open invitation to stay at the house. The district court found the testimony less than credible and denied defendant’s motion to suppress.

Where the district court found no credible evidence to support defendant’s assertion that he was a regular overnight guest of the house and thus had standing to challenge the police’s warrantless search, there was no error in denying his motion to suppress the firearm.

Judgment is affirmed.

U.S. v. Gatkouth (MLW No. 84883/Case No. 24-2536 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, District of Nebraska, Buescher, J. (Yvonne D. Sosa, AFPD, Omaha, NE for appellant) (Matt E. Lierman, AUSA, Omaha, NE for appellee)