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HARMAN v. POLLOCK

No. 04-4294.

446 F.3d 1069 (2006)

Melissa HARMAN and Justin Overton, Plaintiffs-Appellants, v. Brent POLLOCK, Officer, Department of Public Safety, State Bureau of Investigations; and Scott Barnett, Officer, Department of Public Safety, State Bureau of Investigations; Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 2, 2006.

Attorney(s) appearing for the Case

Robert B. Sykes (with Kevin M. Sheff on the briefs), Robert B. Sykes & Associates, P.C., Salt Lake City, Utah, for Plaintiffs-Appellants.

Debra J. Moore (with Nancy L. Kemp, Assistant Attorney General, J. Clifford Petersen, Assistant Attorney General and Mark L. Shurtleff, Attorney General, on the brief), Assistant Attorney General, Salt Lake City, Utah, for Defendants-Appellees.

Before HENRY, EBEL, and TYMKOVICH, Circuit Judges.

PER CURIAM.

Melissa Harman and Justin Overton rented and resided in the garage apartment at 44½ West 2700 South in South Salt Lake, Utah. Defendant Brent Pollock, a narcotics agent with the Utah Department of Public Safety's Bureau of Criminal Investigations, had been investigating and observing the residents of the adjacent 44 West 2700 South for drug dealing. Defendant Scott Barnett was a Sergeant with the Utah Department of Public Safety.

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