United States Tenth Circuit

Grant of a motion to suppress evidence in a prosecution for being a felon in possession of a firearm is affirmed where defendant's friend, whom defendant had left in his apartment with three young children, lacked actual or apparent authority to consent to the search at issue, and the good faith exception to the exclusionary rule was inapplicable.

Appellate Information

• Decided 08/21/2007
• Published 08/22/2007

Judges

• HENRY, Circuit Judge., Before HENRY, ANDERSON, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David M. Walsh, Assistant United States Attorney for the District of New Mexico (David Iglesias, United States Attorney), with him on the briefs, for the Plaintiff-Appellant.


• For Appellees:
  
• Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, New Mexico, for the Defendant-Appellee.