U.S. v. SALZANO

No. 97-3337.

149 F.3d 1238 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Robert SALZANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 28, 1998.


Attorney(s) appearing for the Case

James J. Warner, San Diego, California, for Defendant-Appellant.

James E. Flory, Assistant United States Attorney, Topeka, Kansas (Jackie N. Williams, United States Attorney with him on the brief) for Plaintiff-Appellee.

Before EBEL, HENRY and BRISCOE, Circuit Judges.


EBEL, Circuit Judge.

Defendant-Appellant Robert Salzano ("Mr. Salzano") appeals the district court's denial of his Motion to Suppress Evidence. Because the district court erred in refusing to grant Mr. Salzano's motion, we reverse the district court's ruling and remand the case with instructions that the evidence be suppressed.

Background

On December 20, 1996, Kansas Highway Patrol Trooper John Guerrero ("Trooper Guerrero") stopped Mr. Salzano, who...

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