United States Tenth Circuit

Denial of defendant's motion to suppress in a prosecution for drug possession and a gun charge is affirmed where: 1) in light of a recent Supreme Court decision, an officer's question was not a Fourth Amendment violation because it did not prolong the length of the traffic stop at issue; and 2) a vehicle search was proper under the automobile exception to the warrant requirement.

Appellate Information

• Decided 01/19/2007
• Published 01/22/2007

Judges

• McCONNELL, Circuit Judge., Before HENRY, HOLLOWAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott C. Williams, Salt Lake City, UT, for Defendant-Appellant., Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the briefs), Salt Lake City, UT, for Plaintiff-Appellee.