United States Tenth Circuit

A conviction for possession of a firearm by a convicted felon is affirmed over a claim that the district court erred in admitting at trial DNA evidence that police obtained through a search warrant since physical evidence obtained as fruit of a voluntary statement by a defendant to a law-enforcement officer is admissible at trial regardless of whether the officer gave the defendant Miranda warnings.

Appellate Information

• Decided 11/15/2006
• Published 11/16/2006

Judges

• HARTZ, Circuit Judge., Before TACHA, Chief Circuit Judge, HARTZ and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Jim McClure, Muskogee, Oklahoma, for Defendant-Appellant., Rob Wallace, Assistant United States Attorney (Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, Oklahoma, for Plaintiff-Appellee.