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United States Eighth Circuit


US v. Loya, 07-2666

Denial of defendant's motion to suppress drug evidence seized from a valid vehicle stop is affirmed where: 1) under the totality of circumstances test, the trooper did not violate the Fourth Amendment when he expanded beyond the scope of the traffic stop, extended its duration by asking questions about contraband, and requested permission to search the vehicle; and 2) viewing defendant-driver and a passenger's interactions during the stop, the trooper reasonably believe that the passenger had common authority to consent to a full search of the vehicle.

Appellate Information

  • Decided 06/05/2008
  • Published 06/05/2008

Judges

  • SHEPHERD, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, and SHEPHERD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Michael David Gooch, argued, Omaha, NE, for appellant.

  • For Appellees:
  • Lynnett Wagner, argued, Lincoln, NE, for appellee.
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