MERRITT, C.J., delivered the opinion of the court, in which DAUGHTREY, J., joined. WELLFORD, J. (pp. 916-17), delivered a separate dissenting opinion.
MERRITT, Chief Judge.
Defendant Richard Biggs appeals from the district court's order denying his motion to suppress evidence seized pursuant to a so-called "protective sweep" of his motel room undertaken incident to his arrest in the parking lot outside his motel room. The evidence, a gun, was used to convict...
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