U.S. v. DEWITT

No. 91-5003.

946 F.2d 1497 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Wesly DEWITT, true name, Kenneth Odell Rison, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 15, 1991.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael Gordon Katz, Federal Public Defender, Jenine M. Jensen, Asst. Federal Public Defender, Denver, Colo., for defendant-appellant.

Tony M. Graham, U.S. Atty., Susan W. Pennington, Kathryn Hastings Phillips, James L. Swartz, Asst. U.S. Attys., Tulsa, Okl., for plaintiff-appellee.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

On August 24, 1989, a state trooper stopped defendant-appellant Kenneth Odell Rison for a speeding violation on an Oklahoma highway. Another trooper arrived at the scene to serve as a backup. After examining defendant's driver's license and the rental contract for the car, the first trooper asked defendant if the automobile contained any weapons, narcotics or other contraband. When defendant answered in the negative, the trooper requested to...

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