United States Tenth Circuit

A conviction for drug-related offenses is vacated pursuant to a claim of erroneous denial of a suppression motion where a stop of defendant's truck violated the Fourth Amendment as his truck was not subject to a state regulatory scheme that permitted random inspections of certain commercial vehicles, and the good-faith exception to the exclusionary rule did not apply under the circumstances.

Appellate Information

• Decided 04/20/2006
• Published 04/20/2006

Judges

• EBEL, Circuit Judge., Before HENRY, McKAY and EBEL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael J. Gunter of Clayman and Gunter, Kansas City, MO, for Defendant-Appellant Robert J. Herrera., Eric F. Melgren, United States Attorney, and Tristram W. Hunt, Special Assistant United States Attorney, Kansas City, KS, for Plaintiff-Appellee United States of America.