U.S. v. OLIVER

No. 02-4187.

363 F.3d 1061 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Arthur Alvin OLIVER, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 6, 2004.


Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, and Diana Hagen, Assistant United States Attorney, on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Michael R. Sikora (Loni F. DeLand, with him on the brief), Salt Lake City, UT, for Defendant-Appellee.

Before LUCERO, HARTZ, and McCONNELL, Circuit Judges.


HARTZ, Circuit Judge.

The government appeals the district court's grant of Defendant Arthur Alvin Oliver's motion to suppress evidence seized during a traffic stop. We exercise jurisdiction under 18 U.S.C. § 3731 and reverse.

I. BACKGROUND

On the afternoon of October 13, 2001, Sergeant Ryan Bauer of the Utah Highway Patrol was patrolling Interstate 15 in Beaver County, Utah, when he observed a blue Ford driven by Defendant exceeding the...

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