United States Tenth Circuit

Illegal alien's suppression motion was properly denied. Agents secured voluntary consent to the warrantless search of the apartment where he was staying; he was not unconstitutionally seized when he consented to move from his bedroom to the living room, or during the subsequent encounter in the living room.

Appellate Information

• Decided 03/22/2004
• Published 03/22/2004

Judges

• MURPHY, Circuit Judge., Before MURPHY, Circuit Judge, BRORBY, Senior Circuit Judge, and McCONNELL, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John T. Carlson,Office of the Federal Public Defender (Michael G. Katz, Federal Public Defender, and Charles Szekely, Assistant Federal Public Defender, on the briefs), Denver, CO, for Defendant-Appellant., James C. Murphy, Assistant United States Attorney (John W. Suthers, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.