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.
Filed February 1, 2010
Opinion by Judge Briscoe
James A. Brown, Assistant United States Attorney, Topeka, KS