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
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