United States Tenth Circuit

A conviction for illegal reentry is affirmed over a challenge to a denial of a motion to suppress evidence where: 1) officers' "knock and talk" was not a Fourth Amendment intrusion; 2) there was no clear error in finding that defendant's girlfriend consented to officers' entrance into the living room of her apartment; 3) a cellular phone observed by the officers in the apartment living room was in plain view; 4) the district court did not clearly err in finding that the girlfriend consented to a search of the bedroom; and 5) officers had probable cause to arrest defendant.

Appellate Information

• Decided 11/06/2006
• Published 11/07/2006

Judges

• HARTZ, Circuit Judge., Before HARTZ, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Theodore R. Weckel, Salt Lake City, Utah, for Defendant-Appellant., Karen M. Fojtik, Assistant United States Attorney (Brett Tollman, United States Attorney, with her on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.