U.S. v. BRIGHAM

No. 02-40719.

382 F.3d 500 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Reginald BRIGHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 19, 2004.


Attorney(s) appearing for the Case

John Malcolm Bales, Asst. U.S. Atty., Lufkin, TX, Traci Lynne Kenner, Asst. U.S. Atty. (argued), Tyler, TX, for Plaintiff-Appellee.

John Wesley Tunnell (argued), Tunnell & Cox, Lufkin, TX, for Defendant-Appellant.

Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO and PICKERING, Circuit Judges.


EDITH H. JONES, Circuit Judge:

During a traffic stop near Nacogdoches, Texas, routine questioning of the occupants and a consensual search uncovered over five kilograms of a controlled substance, liquid codeine syrup. The district court denied the appellant's motion to suppress. We granted en banc review of a divided panel decision that reversed the district court and held that the traffic stop was unconstitutionally extended and that the consensual search was improper...

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