United States Eighth Circuit

In a prosecution for possession with intent to distribute methamphetamine, denial of defendant's motion to suppress evidence obtained during a search of his suitcase is affirmed where: 1) a search of a suitcase and discovery of candles was within the scope of defendant's consent to search; and 2) once the candles were found and examined, the officer had articulable suspicion that supported a finding that he had probable cause for further destructive searches.

Appellate Information

• Decided 08/12/2008
• Published 08/12/2008

Judges

• MELLOY, Circuit Judge., Before RILEY, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey Louis Thomas, AFPD, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Thomas J. Kangior, AUSA, argued, Omaha, NE, for appellee.