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U.S. v. TOLASE-COUSINS

Nos. 04-2218, 04-2264.

440 F.3d 1237 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Bukola TOLASE-COUSINS and Kurt Donald Cousins, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 16, 2006.

Attorney(s) appearing for the Case

Hope Eckert, Attorney at Law, LLC, Albuquerque, NM (Michael A. Keefe, Assistant Federal Public Defender, Albuquerque, NM, with her on the briefs) for Defendants-Appellants.

David N. Williams, Assistant United States Attorney, Albuquerque, NM (David C. Iglesias, United States Attorney for the District of New Mexico, with him on the brief) for Plaintiff-Appellee.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.

EBEL, Circuit Judge.

Kurt Cousins and Bukola Cousins pled guilty to various drug charges stemming from the discovery of over 500 marijuana plants growing in their backyard. Police officers, acting on a tip from a utility employee, entered into a "sideyard" of Defendants' house and, looking through a hole in a fence, were able to observe marijuana plants growing in Defendants' backyard. Below and on appeal, Defendants argue that the police conduct violated the Fourth...

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