United States Eighth Circuit

Grant of defendant's motion to suppress evidence seized during a search of his vehicle in a prosecution for conspiracy to distribute and possess with intent to distribute cocaine is reversed where defendant was not "seized" within the meaning of the Fourth Amendment when a deputy requested that he exit his vehicle, before defendant consented to a search of his vehicle.

Appellate Information

• Decided 08/09/2006
• Published 08/09/2006

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, HEANEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Nancy A. Svoboda, Asst. U.S. Atty., argued, Omaha, Nebraska, for appellant.


• For Appellees:
  
• John C. Vanderslice, Asst. Fed. Public Defender, argued, Lincoln, Nebraska, for appellee.