United States Tenth Circuit

Where the manifestation of resistance displayed by defendant was his insistence upon keeping the officers outside, and even the suspected victim of a disturbance was trying to prevent the officers from entering the residence, no exigent circumstances existed to justify a warrantless search of a home.

Appellate Information

• Decided 05/16/2002
• Published 05/16/2002

Judges

• PORFILIO, Circuit Judge., Before HENRY, PORFILIO and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Attorney, Appellate Section, Criminal Division, United States Department of Justice (James E. Flory, United States Attorney, Nancy Landis Caplinger and Gregory G. Hough, Assistant United States Attorneys, Topeka, KS, with him on the briefs), Washington, DC, for Plaintiff-Appellant.


• For Appellees:
  
• Ronald E. Wurtz, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Topeka, KS, for Defendant-Appellee.