United States Eighth Circuit

Conviction and sentence of two defendants for drug-related offenses is affirmed where the district court did not err in denying: 1) a motion to suppress evidence obtained from the execution of search warrant and warrantless search of a person after a canine sniff snowed the presence of drugs in a vehicle; 2) a Frank hearing when the defendant could not establish the requisite preliminary showing of a false or reckless statement or omission which was necessary to a finding of probable cause; or 3) a motion for acquittal in light of the overwhelming weight of evidence to sustain a conviction.

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

Judges

• SHEPHERD, Circuit Judge., Before BYE, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Eric D. Tindal, argued, Williamsburg, IA for appellant Engler., Stephen Arthur Swift, argued Cedar Rapids, IA, for appellant Gatena.


• For Appellees:
  
• Daniel C. Tvedt, argued, Cedar Rapids, IA, for appellee.