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U.S. v. ARTEZ

No. 03-4166.

389 F.3d 1106 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Friedrich Peter ARTEZ, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 17, 2004.

Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Jeanne T. Lund, Draper, UT, for Defendant-Appellee.

Before EBEL, ANDERSON, and SEYMOUR, Circuit Judges.

EBEL, Circuit Judge.

Friedrich Peter Artez ("Defendant") was indicted for possession of an unregistered short barrel shotgun, in violation of 26 U.S.C. §§ 5861(d) and 5871. Defendant moved to suppress the shotgun as the fruit of an unlawful search of his home. The district court granted Defendant's motion to suppress, concluding that the search warrant was invalid because not supported by probable cause and that the good faith exception of United States...

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