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U.S. v. WAUPEKENAY

No. 91-2239.

973 F.2d 1533 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Steven Curtis WAUPEKENAY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 31, 1992.

Attorney(s) appearing for the Case

Richard A. Friedman, Dept. of Justice, Washington, D.C. (Don J. Svet, U.S. Atty., and Mary L. Higgins, Asst. U.S. Atty., District of N.M., with him on the briefs), for plaintiff-appellant.

Angela Arellanes, Albuquerque, N.M., for defendant-appellee.

Before BRORBY and EBEL, Circuit Judges, and VAN SICKLE, Senior District Judge.

EBEL, Circuit Judge.

In this case, we review the district court's decision to grant the defendant-appellee's motion to suppress evidence obtained after the defendant-appellee assaulted police officers who had entered his house trailer to intervene in a domestic dispute. We must address two issues. First, did the defendant-appellee's wife give the officers consent to enter the trailer? Second, if the officers did not receive consent, should the evidence of the defendant...

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