1. Home
  2. Browse Decisions
  3. F.3d
  4. 71 F.3d
  5. 71 F.3d 783 (1995)
 

U.S. v. BOTERO-OSPINA

No. 94-4006.

71 F.3d 783 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos BOTERO-OSPINA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 5, 1995.

Attorney(s) appearing for the Case

R. Steven Chambers, Salt Lake City, Utah, for appellant.

Scott M. Matheson, Jr., United States Attorney (David J. Schwendiman, First Assistant U.S. Attorney, and Bruce C. Lubeck, Assistant U.S. Attorney, with him on the briefs), Salt Lake City, Utah, for appellee.

Before SEYMOUR, Chief Judge, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, and LUCERO, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

On our own motion we granted in banc review in this case to review that portion of the panel opinion in United States v. Guzman, 864 F.2d 1512 (10th Cir.1988), holding that the proper standard for determining whether a traffic stop is unconstitutionally pretextual is whether "under the same circumstances, a reasonable officer would have made the stop in the absence of the invalid purpose...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases