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U.S. v. DAVIS

No. 01-3291.

290 F.3d 1239 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Jason Maltino DAVIS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 16, 2002.

Attorney(s) appearing for the Case

Richard A. Friedman, Attorney, Appellate Section, Criminal Division, United States Department of Justice (James E. Flory, United States Attorney, Nancy Landis Caplinger and Gregory G. Hough, Assistant United States Attorneys, Topeka, KS, with him on the briefs), Washington, DC, for Plaintiff-Appellant.

Ronald E. Wurtz, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), Topeka, KS, for Defendant-Appellee.

Before HENRY, PORFILIO and ANDERSON, Circuit Judges.

PORFILIO, Circuit Judge.

The government appeals the district court's grant of Jason Maltino Davis' motion to suppress 58 grams of crack cocaine and three firearms seized from his home. The sole issue for our consideration is whether the district court properly granted Mr. Davis' motion after finding no exigent circumstances to justify the officers' warrantless search of Mr. Davis' home. Finding no error, we affirm.

Shortly before 5:30 A.M. on October...

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