UNITED STATES v. OCHOA-ALMANZA

No. 79-2210.

623 F.2d 676 (1980)

UNITED STATES of America, Plaintiff-Appellant, v. Antonio OCHOA-ALMANZA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 18, 1980.


Attorney(s) appearing for the Case

Christopher M. McMurray, Dept. of Justice, Washington, D. C. (William C. Bryson, Dept. of Justice, Washington, D. C., R. E. Thompson, U. S. Atty., Dist. of N. M., and Thomas S. Udall, Asst. U. S. Atty., Dist. of N. M., Albuquerque, N. M., with him on the brief), for plaintiff-appellant.

Alan F. Zvolanek, Bargas & Zvolanek, Albuquerque, N. M., for defendant-appellee.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.


McKAY, Circuit Judge.

This is an appeal from an order of the district court suppressing information obtained by a police officer who made a warrantless entry into a home for the purpose of searching for illegal aliens. The government claims on appeal that the officer had the consent of a six-year-old child to enter the premises. The officer testified that the child was playing in the yard when he approached and that she ran to the house, arriving at the screen door...

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