UNITED STATES v. MERRITT

No. 80-1463.

695 F.2d 1263 (1982)

UNITED STATES of America, Plaintiff-Appellant, v. David Allen MERRITT, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 28, 1982.


Attorney(s) appearing for the Case

Janis E. Chapman, Asst. U.S. Atty., Denver, Colo. (Joseph F. Dolan, U.S. Atty., Denver, Colo., with her on the brief), for plaintiff-appellant.

E. Ricardo Gonzales, Denver, Colo., for defendant-appellee.

Before DOYLE and SEYMOUR, Circuit Judges, and ANDERSON, District Judge.


ALDON J. ANDERSON, District Judge.

INTRODUCTION

In the early morning hours of March 21, 1980, the defendant sat with others in a truck parked on a residential street in Denver, Colorado. While sitting there, they were confronted by police from the Denver Police Department and ordered out of the truck. At the time, the police were looking for a Texas fugitive wanted for murder. They had been informed he may be coming, and believed he might be one of the people...

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