United States Eighth Circuit

Suppression order barring evidence seized from defendant's car in a drug prosecution is reversed where officers had reasonable suspicion of an ongoing criminal activity so as to justify a Terry stop. Denial of defendant's motion to dismiss is affirmed where double jeopardy does not bar a federal prosecution for the same acts that gave rise to a prior prosecution by the State of Iowa since the federal government and Iowa are separate sovereigns.

Appellate Information

• Decided 07/27/2007
• Published 07/27/2007

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, SMITH and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Counsel who presented argument on behalf of appellant/cross-appellee United States in 06-3047 was Lester Alan Paff, Assistant U.S. Attorney, of Des Moines, Iowa. Also appearing on the brief was Matthew G. Whitaker., Counsel who presented argument on behalf of appellee/cross-appellant Winters in 06-3047 was Richard E. Phelps III, of Mingo, Iowa.