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U.S. v. VERCHER

No. 03-3110.

358 F.3d 1257 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. Murnia Reschell VERCHER, Jr., and Randall Derwin Terrell, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 24, 2004.

Attorney(s) appearing for the Case

T.G. Luedke, Assistant United States Attorney, (Eric F. Melgren, United States Attorney, and Nancy Landis Caplinger with him on the brief) Topeka, KS, for the Plaintiff-Appellant.

Michael M. Jackson, Topeka, KS, for Defendant-Appellee Randall Derwin Terrell.

David J. Phillips, Federal Public Defender and Melody Evans, Assistant Federal Public Defender, Topeka, KS, filed a brief, for Defendant-Appellee Murnia Reschell Vercher, Jr.

Before LUCERO, PORFILIO, and TYMKOVICH, Circuit Judges.

LUCERO, Circuit Judge.

Before us in the present appeal by the government is a challenge to the district court's decision to grant Randall Terrell and Murnia Vercher's motion to suppress evidence seized incident to a traffic stop. Determination of the matter rests on our evaluation of a single issue: Are the facts before us sufficient to support a Kansas highway trooper's claim of reasonable suspicion that defendants violated a state traffic law? On our review of the...

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