United States Tenth Circuit

In a prosecution for drug-related offenses, a ruling suppressing drugs found in the back of defendant's truck is reversed where: 1) although the government failed to timely file the certification required by 18 U.S.C. section 3731, the failure was not jurisdictional and the appeal could be considered as the government did, in substance, undertake the evaluation called for by section 3731 before noticing the appeal; and 2) on the merits, the events witnessed by government surveillance agents, taken as a whole, provided the officers reasonable suspicion to effect an investigative detention.

Appellate Information

• Decided 03/04/2008
• Published 03/05/2008

Judges

• GORSUCH, Circuit Judge., Before TACHA, ANDERSON, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Friedman, Appellate Section, Criminal Division, Department of Justice, Washington, D.C. (Eric F. Melgren, United States Attorney;  James A. Brown, Assistant United States Attorney;  and David P. Zabel, Special Assistant United States Attorney, District of Kansas, with him on the briefs) for Plaintiff-Appellant.


• For Appellees:
  
• Michael L. Harris, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the brief), District of Kansas, for Defendant-Appellee.