United States Tenth Circuit

Evidence obtained during searches of defendant's vehicle and residence was improperly suppressed where a supporting affidavit relied on an arrest supported by probable cause, and officer had a reasonable basis for believing that defendant lived in the residence identified in the search warrant; search vehicle upheld based on plain view doctrine.

Appellate Information

• Decided 05/24/2002
• Published 05/24/2002

Judges

• BRISCOE, Circuit Judge., Before SEYMOUR, Circuit Judge, BALDOCK, Senior Circuit Judge, and BRISCOE, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jonathan L. Marcus, Attorney, Department of Justice, Washington, D.C. (Sheldon J. Sperling, United States Attorney, and D. Michael Littlefield, Assistant United States Attorney, Eastern District of Oklahoma, with him on the briefs), for the appellant.


• For Appellees:
  
• Donn F. Baker,Baker & Baker, Tahlequah, Oklahoma, for the appellee.