United States Tenth Circuit

Denial of a motion to suppress evidence in a prosecution for possession with intent to distribute heroin is affirmed over claims that: 1) defendant was unlawfully seized when an officer, disguised as a Greyhound employee, ordered him and other passengers to leave a bus and claim their luggage; 2) a suitcase was not voluntarily abandoned; and 3) a warrantless search of the suitcase was unlawful.

Appellate Information

• Decided 07/31/2006
• Published 08/01/2006

Judges

• O'BRIEN, Circuit Judge., Before TACHA, Chief Circuit Judge, ANDERSON and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Kevin C. Danielson, Assistant United States Attorney, (David E. O'Meilia, United States Attorney, and Neal B. Kirkpatrick, Assistant United States Attorney, with him on the briefs), Tulsa, OK, for Plaintiff-Appellee., Robert Ridenour, Assistant Federal Public Defender (Paul D. Brunton, Public Defender, and Barry L. Derryberry, Research & Writing Specialist, with him on the briefs), Tulsa, OK, for Defendant-Appellant.