United States Tenth Circuit

In a prosecution for being a felon in possession of a firearm and ammunition, denial of a motion to suppress evidence is reversed where: 1) defendant was seized inside his motel room without a warrant in violation of Payton v. New York, 445 U.S. 573 (1980); and 2) the government did not demonstrate that defendant's subsequent consents to search were not tainted by the unlawful seizure.

Appellate Information

• Decided 05/07/2008
• Published 05/07/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John T. Carlson, Assistant Federal Public Defender, (Raymond P. Moore, Federal Public Defender, Denver, CO, and Robert R. Rogers, Assistant Federal Public Defender, Cheyenne, WY, with him on the briefs) for Defendant-Appellant., Lisa E. Leschuck, Assistant United States Attorney, (John R. Green, Acting United States Attorney, Cheyenne, WY, with her on the brief) for Plaintiff-Appellee.