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U.S. v. GORDON

No. 12-4170.

741 F.3d 64 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Conrad GORDON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 27, 2014.

Attorney(s) appearing for the Case

Scott Keith Wilson , Assistant Federal Public Defender ( Kathryn N. Nester , Federal Public Defender, with him on the brief), Federal Public Defender's Office, Salt Lake City, UT, for Defendant-Appellant.

Paige Peterson , Assistant United States Attorney ( David B. Barlow , United States Attorney, Diana Hagen , Assistant United States Attorney, with her on the brief) Office of the United States Attorney, District of Utah, Salt Lake City, UT, for Plaintiff — Appellee.

Before LUCERO, Circuit Judge, and BRORBY, and O'BRIEN, Senior Circuit Judges.

O'BRIEN, Senior Circuit Judge.

This interesting case calls upon us to decide whether, incident to an arrest for aggravated assault, police may seize a shotgun from a home when the weapon was not involved in any apparent criminal offense, the crime scene had been secured, and there was no immediate danger to any individual. Our answer to that question-NO-begs another. Does a de minimis violation of a defendant's property...

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