United States Eighth Circuit

District court order granting a motion to suppress evidence is affirmed where: 1) the seizure of defendant's bag from a bus cargo bay, without reasonable suspicion, violated his Fourth Amendment rights; and 2) even if defendant voluntarily consented to the subsequent search of his wallet, the government failed to demonstrate that the causal connection between the illegal seizures and defendant's consent was broken, and thus evidence found in the wallet was fruit of the poisonous tree and properly suppressed.

Appellate Information

• Decided 07/06/2009
• Published 07/06/2009

Judges

• SHEPHERD, Circuit Judge., Before COLLOTON, BRIGHT, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Nancy A. Svoboda, argued, AUSA, Omaha, NE, for appellant.


• For Appellees:
  
• Jennifer L. Gilg, AFPD, argued, Jeffrey Louis Thomas, AFPD, on the brief, Omaha, Ne, for appellee.