United States Tenth Circuit

An order denying a motion to suppress evidence of marijuana and incriminating statements in a prosecution for drug related offenses is affirmed where: 1) an agent had a reasonable suspicion that defendant was engaged in illegal activities, and thus an initial stop did not violate defendant's Fourth Amendment rights; and 2) defendant's second confession, which was voluntary and occurred after the Miranda warnings were given, was admissible, and thus cured any potential concerns regarding initial statements.

Appellate Information

• Decided 07/20/2006
• Published 07/21/2006

Judges

• McCONNELL, Circuit Judge., Before O'BRIEN, McWILLIAMS, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Dennis J. Candelaria, Assistant Federal Public Defender, Las Cruces, NM, for the Defendant-Appellant., Terri J. Abernathy, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the brief), Las Cruces, NM, for the Plaintiff-Appellee.