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U.S. v. SHRANKLEN

No. 02-1540.

315 F.3d 959 (2003)

UNITED STATES of America, Plaintiff-Appellant, v. Michael William SHRANKLEN, Defendant, John Wayne Fleming, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 10, 2003.

Rehearing and Rehearing Denied: February 18, 2003.

Attorney(s) appearing for the Case

Andrew H. Kahl, Asst. U.S. Atty., argued, Des Moines, IA (Shannon L. Olson, Asst. U.S. Atty., on the brief), for appellant.

B. John Burns, argued, Des Moines, IA, for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and LOKEN, Circuit Judges.

Rehearing and Rehearing En Banc Denied: February 18, 2003.

BOWMAN, Circuit Judge.

The government appeals the District Court's suppression of the contents of a black pouch found during the search of a vehicle that had been lawfully pulled over for an investigative stop. The vehicle's passenger, John Wayne Fleming, got out of the car upon a police officer's request and asked the officer if he could retrieve a black...

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