United States Tenth Circuit

Motion to suppress the cocaine, found during the search of a backpack defendant denied owning, was properly denied. Because the backpack was abandoned, it is immaterial who opened it, or whether defendant gave consent to search.

Appellate Information

• Decided 04/27/2004
• Published 04/27/2004

Judges

• HARTZ, Circuit Judge., Before KELLY, BRORBY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Submitted on the briefs :  Michael G. Katz, Federal Public Defender, Raymond P. Moore, Federal Public Defender, and Vicki-Mandell King, Assistant Federal Public Defender, Denver, CO, for Defendant-Appellant., David C. Iglesias, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.