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U.S. v. PORTER

No. 07-4158.

594 F.3d 1251 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Fleming PORTER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 9, 2010.

Attorney(s) appearing for the Case

Diana Hagen, Assistant United States Attorney (Brett L. Toman, United States Attorney, on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Bretta Pirie, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender and Scott Keith Wilson, Assistant Federal Public Defender, on the briefs), Salt Lake City, UT, for Defendant-Appellant.

Before O'BRIEN, TYMKOVICH, and HOLMES, Circuit Judges.

O'BRIEN, Circuit Judge.

Police officers searched Joseph Porter's home without a warrant while responding to a 911 call stating he had pointed a gun at the female caller while she was visiting his home. We must determine whether, under Michigan v. Fisher, ___ U.S. ___, 130 S.Ct. 546, ___ L.Ed.2d ___ (2009) (per curiam),1 the police officers' entry was justified by a reasonable belief that an occupant...

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