US v. Prince, No. 09-3208 - U.S. Tenth Circuit
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US v. Prince, No. 09-3208

In the government's appeal from the district court's order suppressing evidence in a drug and firearm possession prosecution, the order is reversed where: 1) a consensual encounter between a defendant and an officer motivated by a mistake of law on the part of the officer did not implicate any Fourth Amendment concerns; and 2) the totality of the evidence recounted in the officer's affidavit substantially supported the conclusion that there was a "fair probability that contraband or evidence of a crime" would be found in defendant's residence.

Read US v. Prince, No. 09-3208

Appellate Information

Filed February 1, 2010

Judges

Opinion by Judge Briscoe

Counsel

For Appellant:

James A. Brown, Assistant United States Attorney, Topeka, KS

For Appellee:

Timothy J. Henry, Assistant Federal Public Defender, Wichita, KS