United States Tenth Circuit

Denial of a motion to suppress evidence in a prosecution for possessing firearms after a former felony conviction is affirmed where: 1) under the circumstances, where it was found that defendant barricaded himself in his residence to avoid arrest and never expressly objected to a possible search, defendant's co-tenant's consent justified the challenged search; and 2) police removed defendant from the scene to carry out a lawful arrest, not to mute his potential objection to the search.

Appellate Information

• Decided 07/05/2007
• Published 07/06/2007

Judges

• HOLLOWAY, Circuit Judge., Before BRISCOE, HOLLOWAY, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Timothy L. Faerber, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Tulsa, OK, for Plaintiff-Appellee., Barry L. Derryberry, Assistant Federal Public Defender (John V. Butcher, Federal Public Defender, and Robert A. Ridenour, Assistant Federal Public Defender, with him on the brief), Tulsa, OK, for Defendant-Appellant.