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U.S. v. TAPIA

No. 02-1028.

309 F.3d 1283 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Homero C. TAPIA, a/k/a Omaro Tapia-Cardenas, a/k/a/ Homero Tapia Cardenas, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 7, 2002.

Attorney(s) appearing for the Case

Elizabeth D. Collery, Attorney, Appellate Section, Criminal Division, Department of Justice (John W. Suthers, United States Attorney and David M. Gaouette, Assistant United States Attorney, Denver, CO, with her on the briefs) Washington, DC, for Plaintiff-Appellant.

Robert W. Pepin, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with him on the brief) Denver, CO, for Defendant-Appellee.

Before EBEL, ALDISERT and HOLLOWAY, Circuit Judges.

ALDISERT, Circuit Judge.

We have previously set forth controlling legal precepts governing conduct of drug interdiction police officers who approach bus passengers at random to ask questions and request consent to searches. See United States v. Broomfield, 201 F.3d 1270 (10th Cir.2000), cert. denied, 531 U.S. 830, 121 S.Ct. 82, 148 L.Ed.2d 44 (2000), United States v. Hill, 199 F.3d 1143

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