United States Eighth Circuit

US v. Pena-Ponce, 09-1010

Defendant's drug possession conviction is affirmed where: 1) because the police developed reasonable suspicion while conducting the normal tasks involved in stopping defendant's car, the district court properly concluded that the scope of the stop was not unreasonably expanded; and 2) a reasonable officer would have believed that defendant orally consented to the search.

Appellate Information

• Decided 11/25/2009
• Published 11/25/2009

Judges

• BENTON, Circuit Judge., Before COLLOTON and BENTON, Circuit Judges, and PIERSOL, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Gregory Thomas Racette, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• Rachel J. Scherle, AUSA, argued, Des Moines, IA, Emily K. Nydle, AUSA, on the brief, for appellee.