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TENTH CIRCUIT
No. 08-3046
(D.C. No. 07-CR-10022-WEB-4)
CHARLES LALIBERTE,
(D. Kan.)
Defendant-Appellant.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is
therefore ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
Defendant suggests that the warrant was invalid because he owned the
residence and there is no evidence that he himself was involved with any criminal
(continued...)
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Monroe G. McKay
Circuit Judge
(...continued)
activity. However, [t]he critical element in a reasonable search is not that the
owner of the property is suspected of crime but that there is reasonable cause to
believe that the specific things to be searched for and seized are located on the
property to which entry is sought. Zurcher v. Stanford Daily, 436 U.S. 547, 556
(1978).
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