United States Eighth Circuit

Conviction for firearms possession is affirmed where: 1) the district court did not err in denying plaintiff's motion to suppress evidence as the totality of the circumstances demonstrated that the officer reasonably believed defendant had voluntarily consented to the search of his person and vehicle; and 2) the court did not err in finding that defendant's voluntary consent to the searches purged the taint of any Fourth Amendment violation arising from the traffic stop under the Brown factors.

Appellate Information

• Decided 04/28/2009
• Published 04/28/2009

Judges

• GRUENDER, Circuit Judge., Before BYE and GRUENDER, Circuit Judges, and KAYS, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jack E. Dusthimer, argued, Davenport, IA, for appellant.


• For Appellees:
  
• Richard D. Westphal, AUSA, argued, Davenport, IA, for appellee.