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U.S. v. MADEN

No. 94-2260.

64 F.3d 1505 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Levone Ray MADEN; John Paul Wilbon; Geneva Gallegos, also known as Leann Rael, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 12, 1995.

Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Department of Justice, Washington, DC, (John J. Kelly, United States Attorney, Tara C. Neda, Assistant United States Attorney, Albuquerque, NM, with him on the brief), for plaintiff-appellant.

Albert B. Lassen of Lassen & Jaffe, Albuquerque, NM, filed a brief for defendant-appellee Levone Ray Maden.

Teresa E. Storch, Assistant Federal Public Defender, Albuquerque, NM, for defendant-appellee Paul Wilbon.

Adam G. Kurtz, Albuquerque, NM, for defendant-appellee Geneva Gallegos.

Before TACHA, SETH, and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

The government appeals the district court's suppression of evidence seized when Federal Bureau of Investigation ("FBI") agents entered the apartment of Defendants Levone Maden and Geneva Gallegos to execute an arrest warrant for Defendant Maden. The district court granted Defendants' motion to suppress on the grounds that the government had failed to demonstrate exigent circumstances to justify the FBI agents' decision not to comply with the...

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