U.S. v. GOTTSCHALK

No. 90-4025.

915 F.2d 1459 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Bruce T. GOTTSCHALK, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 11, 1990.


Attorney(s) appearing for the Case

Wayne T. Dance, Asst. U.S. Atty. (Dee Benson, U.S. Atty., with him on the briefs), Salt Lake City, Utah, for plaintiff-appellant.

G. Fred Metos of Yengich, Rich, Xaiz & Metos, Salt Lake City, Utah, for defendant-appellee.

Before ANDERSON and BRORBY, Circuit Judges, and BRIMMER, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals the district court's ruling granting a motion to suppress evidence seized from Bruce Gottschalk's vehicle during the execution of a valid search warrant. The district court suppressed the evidence because the car, which was parked within the curtilage of the premises described in the warrant, did not belong to and was not actually controlled by the owner of the premises at the time of the search. Because...

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