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U.S. v. SPARKS

No. 01-7097.

291 F.3d 683 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Joe Wayne SPARKS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 24, 2002.

Attorney(s) appearing for the Case

Jonathan L. Marcus, Attorney, Department of Justice, Washington, D.C. (Sheldon J. Sperling, United States Attorney, and D. Michael Littlefield, Assistant United States Attorney, Eastern District of Oklahoma, with him on the briefs), for the appellant.

Donn F. Baker, Baker & Baker, Tahlequah, Oklahoma, for the appellee.

Before SEYMOUR, Circuit Judge, BALDOCK, Senior Circuit Judge, and BRISCOE, Circuit Judge.

BRISCOE, Circuit Judge.

The United States appeals from the district court's order granting defendant Joe Sparks' motion to suppress evidence obtained during searches of his vehicle and residence. We exercise jurisdiction pursuant to 28 U.S.C. § 1291, reverse the district court's suppression order, and remand for further proceedings.

I.

On the morning of June 2, 1999, dispatchers at the Sallisaw, Oklahoma, Police Department received a 911 call...

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