U.S. v. MUSA

No. 03-3343.

401 F.3d 1208 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. James Donald MUSA, Jr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 21, 2005.


Attorney(s) appearing for the Case

Eric F. Melgren, United States Attorney, Wichita, Kansas (John A. Drennan, Attorney, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C., with him on the briefs), 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 KELLY, HENRY, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

The district court held that police officers lacked adequate grounds to conduct a no-knock entry of Defendant's home to execute a search warrant, and suppressed all evidence obtained during the search. The Government appeals. We exercise jurisdiction under 18 U.S.C. § 3731 and reverse.

"In reviewing a district court's ruling on a motion to suppress evidence, we view the evidence in the light most favorable to the prevailing party...

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