⚖ Oral Arguments, with Context

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United States v. Warner — 10th Cir. (Sep 17, 2026)

No. 25-2149 Argued September 17, 2026 Published September 21, 2026

The Tenth Circuit hears the United States' appeal from an order suppressing evidence seized from Nathan Warner. A sporting-goods employee reported a man who allegedly waited for customers to leave before entering with what looked like a Taser. Police found frightened employees behind a locked door and Warner in the only truck outside, facing the store. They saw an AR-style rifle inside. Officers drew their guns and ordered him to show his hands. The district judge ruled Warner was seized when he complied and that officers then lacked reasonable suspicion, so the court suppressed his statements and the physical evidence. Reasonable suspicion requires specific, articulable facts giving an objective basis to suspect crime. The government will say the full scene gave officers reasonable suspicion. Warner will answer that police could ask questions, but odd yet lawful behavior and lawful weapons did not justify a seizure.

United States v. Warner (No. 25-2149) — U.S. Court of Appeals for the Tenth Circuit, argued September 17, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Tenth Circuit (public domain, 17 U.S.C. § 105):https://www.ca10.uscourts.gov/sites/ca10/files/oralarguments/25-2149.mp3
Argument listing — U.S. Court of Appeals for the Tenth Circuit:https://www.ca10.uscourts.gov/oralargument/search-results?field_oa_hearing_date_value%5Bmin%5D%5Bdate%5D=09%2F17%2F2026&field_oa_hearing_date_value%5Bmax%5D%5Bdate%5D=09%2F21%2F2026
Suppression order — U.S. District Court for the District of New Mexico via GovInfo:https://www.govinfo.gov/content/pkg/USCOURTS-nmd-1_24-cr-00088/pdf/USCOURTS-nmd-1_24-cr-00088-0.pdf
Appellate docket — Justia (PACER-derived):https://dockets.justia.com/docket/circuit-courts/ca10/25-2149
Terry v. Ohio — U.S. Reports:https://tile.loc.gov/storage-services/service/ll/usrep/usrep392/usrep392001/usrep392001.pdf
Tiffany Walters counsel background — U.S. Court of Appeals for the Tenth Circuit:https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110840357.pdf
Theodosia Johnson office — Federal Public Defender, District of New Mexico:https://nm.fd.org/offices
Theodosia Johnson counsel background — Tenth Circuit opinion via GovInfo:https://www.govinfo.gov/content/pkg/USCOURTS-ca10-24-02122/pdf/USCOURTS-ca10-24-02122-0.pdf

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