United States Tenth Circuit

Arrest and subsequent search of defendant's home were invalid absent exigent circumstances, where only defendant's hand and arm were visible and he used a hole in the wall so that he would not have to open his door, and neither he nor the interior of his house would be open to public view.

Appellate Information

• Decided 07/22/2003
• Published 07/22/2003

Judges

• HOLLOWAY, Circuit Judge., Before O'BRIEN and HOLLOWAY, Circuit Judges, and LUNGSTRUM, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Lucy O. Roberts, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with her on the brief), Northern District of Oklahoma, Tulsa, OK, for Plaintiff-Appellee., Paul D. Brunton, Federal Public Defender (Barry L. Derryberry, Office of Federal Public Defender, with him on the brief), Northern and Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant.