United States Tenth Circuit

An order granting a motion to suppress evidence in a prosecution for possession with intent to distribute crack cocaine and possession of ammunition by a previously convicted felon is affirmed where an officer did not have probable cause or reasonable articulable suspicion to detain defendant on a street until a warrants check was completed.

Appellate Information

• Decided 04/12/2006
• Published 04/12/2006

Judges

• MURPHY, Circuit Judge., Before HENRY, BALDOCK and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• James C. Murphy, Assistant United States Attorney (William J. Leone, United States Attorney, Philip A. Brimmer, Assistant United States Attorney, with him on the briefs), Denver, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Lynn C. Hartfield, Research and Writing Specialist (Raymond P. Moore, Federal Public Defender, John A. Chanin, Assistant Federal Public Defender, with her on the brief), Denver, CO, for Defendant-Appellee.