United States Eighth Circuit

Defendant's motion to suppress is granted over the government's challenges that the district court erred in 1) holding that a garment bag was seized within the meaning of the Fourth Amendment, and 2) finding that defendant's consent to the search of his bag was not voluntary.

Appellate Information

• Decided 10/14/2004
• Published 10/14/2004

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, McMILLIAN, WOLLMAN, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges, en banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert C. Sigler, argued, Asst. U.S. Atty., Omaha, NE, for appellant.


• For Appellees:
  
• James M. Davis, argued, Omaha, NE, for appellee.