United States Eighth Circuit

Defendant's drug possession conviction is affirmed where: 1) even assuming an arresting officer's report qualified as newly discovered evidence, it fell far short of being the kind of substantial evidence that would authorize the district court to disregard the law of the case; 2) a search of defendant's vehicle was constitutionally reasonable for two reasons: the totality of the circumstances provided probable cause to search, and there was reason to believe that evidence of the crime for which defendant was arrested might be found; and 3) the time from the filing of a defendant's motion to suppress until the conclusion of the appellate process directly attributable to that motion was properly excluded under article IV(a) of the Interstate Agreement on Detainers Act.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge,JOHN R. GIBSON and WOLLMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Frederic Montgomery Brown, argued, West Des Moines, IA, for appellant.


• For Appellees:
  
• Shannon Leigh Olsen, AUSA, argued, Des Moines, IA, for appellee.