United States Eighth Circuit

Denial of a motion to suppress evidence found in defendant's vehicle in a prosecution for drug- and weapons-related offenses is affirmed where, despite the fact that he had been out of the vehicle for eight minutes, defendant remained a recent occupant of his vehicle and the police had the right to search the vehicle incident to defendant's arrest.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

• BYE, Circuit Judge., Before BYE, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Melanie S. Morgan, Olathe, KS, argued (Carl E. Cornwell, Cornwell & Scherff, LLC, Olathe, KS, on the brief), for appellant.


• For Appellees:
  
• Rudolph R. Rhodes, IV, Asst. U.S. Atty., Kansas City, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.