U.S. v. SESLAR

No. 92-3352.

996 F.2d 1058 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Gregory Douglas SESLAR and Meredit Tarcisio Mayorga, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 22, 1993.


Attorney(s) appearing for the Case

Richard L. Hathaway (Lee Thompson, U.S. Atty., with him on the brief), Asst. U.S. Atty., Topeka, KS, for plaintiff-appellant.

Stephen W. Kessler and Marilyn M. Trubey, Topeka, KS, for defendants-appellees.

Before SEYMOUR, ANDERSON and TACHA, Circuit Judges.


TACHA, Circuit Judge.

The government appeals a district court order granting the defendants' motions to suppress physical evidence and oral statements as the fruit of an illegal stop of defendants' rental truck. We affirm.

BACKGROUND

On February 7, 1992, at 9:10 a.m., Kansas Highway Patrol ("KHP") Trooper Dennis Gassman stopped a Ryder rental truck driven by defendant Gregory Seslar. Defendant Meredit Mayorga had rented the truck and was a passenger...

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