United States Tenth Circuit

A conviction for gun possession by a convicted felon is affirmed over a claim of erroneous denial of a motion to suppress evidence where: 1) defendant's initial encounter with an officer was consensual; 2) once defendant said that he had a gun in his back pocket, the officer had probable cause to seize the gun and arrest him; and 3) it was irrelevant whether defendant continued to provide consent for this search, as the requisite level of suspicion existed to justify such a search and seizure.

Appellate Information

• Decided 11/12/2008
• Published 11/13/2008

Judges

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

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• William Lee Borden, Jr., Assistant U.S. Attorney, (John C. Richter, U.S. Attorney, with him on the brief) Oklahoma City, OK, for Plaintiff-Appellee., William P. Earley, Assistant Federal Public Defender (June E. Tyhurst, Assistant Federal Public Defender, on the briefs) Oklahoma City, OK, for Defendant-Appellant.