United States Tenth Circuit

In a case involving a vehicle stop, which led to the discovery of cocaine hidden in a spare tire, denials of defendant's motions to dismiss the indictment for want of a speedy trial and to suppress evidence are affirmed in part and dismissed in part where: 1) in his plea agreement, defendant waived his right to appeal from the resolution of the speedy trial issue; and 2) challenges to the justification for the stop, a continued detention after the stop, the voluntariness of defendant's consent to search, and probable cause to search, are rejected.

Appellate Information

• Decided 12/18/2007
• Published 12/19/2007

Judges

• O'BRIEN, Circuit Judge., Before O'BRIEN, HOLLOWAY and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Eric F. Melgren, United States Attorney, and James A. Brown, Assistant United States Attorney, Topeka, KS, for Plaintiff-Appellee., Michael G. Highland, Bonner Springs, KS, for Defendant-Appellant.