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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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US v. Prince, -- F.3d --, 2010 WL 337910 (10th Cir. 2/1/10) - reversal of district court suppression order. Although there may have been a mistake of law by ATF re: whether AK-47 "flats" -- i.e., pieces of flat metal containing holes and laser perforations-- received by Mr. Prince constituted firearms, any such mistake did not taint the investigation, affidavit in support of warrant, or the ensuing search warrant. It simply led to two consensual encounters between officers and Prince, the second of which provided officers with pc to search Prince's residence based on belief he was manufacturing or dealing in firearms or possessed a machinegun in violation of federal law.

Full post as published by Tenth Circuit Blog on February 04, 2010 (boomark / email).

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