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U.S. v. WINTERS

No. 00-1246NI.

221 F.3d 1039 (2000)

UNITED STATES of America, Appellee, v. Gary Lee WINTERS, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 2, 2000.

Attorney(s) appearing for the Case

Stephen A. Swift, Cedar Rapids, IA, argued, for Appellant.

Lamdoce A. Wilcox, AUSA, Cedar Rapids, IA, argued (Stephanie M. Rose, AUSA, Cedar Rapids, IA, on the brief), for appellee.

BEFORE: RICHARD S. ARNOLD and HEANEY, Circuit Judges, and SIPPEL, District Judge.

RICHARD S. ARNOLD, Circuit Judge.

Defendant Gary Lee Winters appeals from the District Court's2 denial of his motion to suppress evidence, arguing that an Iowa state trooper illegally entered his car, and that evidence from the subsequent searches is inadmissible. We hold that the Court's finding of the officer's legitimate concern for safety is not clearly erroneous, and that the smell of raw marijuana created probable cause to search...

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