No. 01-2342.

275 F.3d 689 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Shannan D. HATCHER, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 26, 2001.

Attorney(s) appearing for the Case

Maria R. Moran, Asst. U.S. Atty., Omaha, NE, argued, for plaintiff-appellant.

Karen M. Shanahan, Omaha, NE, argued (David R. Stickman, on the brief), for defendant-appellee.

Before: BYE, BRIGHT, and RICHARD S. ARNOLD, Circuit Judges.


After being charged with one count of possession with intent to distribute cocaine base and with one count of forfeiture of United States currency, Shannan D. Hatcher moved to suppress all evidence and statements as fruits of his illegal arrest. The district court rejected the magistrate judge's report and recommendation and granted the defendant's motion to suppress. The United States appeals. We affirm.

Mr. Hatcher was a passenger in a vehicle...

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