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U.S. v. PENA-SAIZ

No. 98-1972.

161 F.3d 1175 (1998)

UNITED STATES of America, Appellant, v. Virginia PENA-SAIZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Nancy A. Svoboda, Assistant U.S. Attorney, Omaha, NE, argued (Thomas J. Monaghan, on the brief), for Appellant.

Stuart J. Dornan, Omaha, NE, argued, for Appellee.

Before BOWMAN, Chief Judge, BRIGHT and RICHARD S. ARNOLD, Circuit Judges.

BRIGHT, Circuit Judge.

The United States appeals the district court's grant of Virginia Pena-Saiz' motion to suppress evidence that was obtained in a pat-down search during an investigatory stop. The government asserts that Pena-Saiz consented to the search. The district court rejected that contention. We agree and affirm.

I. BACKGROUND

On June 13, 1997, after deplaning from a flight from El Paso, Texas, Virginia Pena-Saiz was stopped by three narcotics...

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