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United States Eighth Circuit


US v. BARNES, 03-2501

Deputy's parting of the car door's window seal and intrusion into the area immediately below the seal falls within the scope of a lawful search incident to arrest. Once the officer saw drug packages in the area, he had probable cause to search the entire car without a warrant.

Appellate Information

  • Decided 07/06/2004
  • Published 07/06/2004

Judges

  • COLLOTON, Circuit Judge., Before MELLOY, SMITH, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Counsel who presented argument on behalf of the appellant was Eric L. Whitner of Omaha, NE. Also appearing on appellant's brief was Amy L. Mattern of Omaha, NE.

  • For Appellees:
  • Counsel who presented argument on behalf of the appellee was Nancy A. Svoboda, AUSA, Omaha, NE.
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