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U.S. v. BUTE

Nos. 93-4193, 93-4222.

43 F.3d 531 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald Joseph BUTE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Beverly BUTE, a/k/a Beverly M. York, a/k/a Beverly M. Jensen, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 23, 1994.

Attorney(s) appearing for the Case

David J. Schwendiman (Scott M. Matheson, Jr., U.S. Atty., with him on the brief), Asst. U.S. Atty., Salt Lake City, UT, for plaintiff-appellee.

Ronald J. Yengich of Yengich, Rich & Xaiz, Salt Lake City, UT, for defendant-appellant in No. 93-4222.

Loni F. DeLand of McRae & DeLand, Salt Lake City, UT, for defendant-appellant in No. 93-4193.

Before ANDERSON, MCKAY and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Defendants, Beverly and Ronald Joseph Bute ("the Butes"), bring this consolidated appeal challenging the district court's denial of their joint motion to suppress evidence allegedly obtained in violation of the Fourth Amendment. We have jurisdiction under 28 U.S.C. § 1291, and reverse.

I

At roughly 11:00 p.m., on March 20, 1992, Deputy Salt Lake County Sheriff Daniel McConkey began his shift by taking Deputy Cannon, the...

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