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U.S. v. GUERRERO

No. 03-3271.

374 F.3d 584 (2004)

UNITED STATES of America, Appellant, v. Francisco Ureno GUERRERO, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 2, 2004.

Attorney(s) appearing for the Case

Andrew H. Kahl, Argued, Assistant U.S. Attorney, Des Moines, Iowa (Stephen Patrick O'Meara, Shannon L. Olson, and Lester A. Paff on the brief), for appellant.

Jason E. Troia, argued, Omaha, Nebraska, for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

HEANEY, Circuit Judge.

The United States appeals the district court's1 ruling suppressing 77 pounds of cocaine seized from a vehicle operated by Francisco Ureno Guerrero. Largely based on the communication difficulties between Guerrero, who is Spanish-speaking, and an English-speaking Iowa State Trooper, the district court held that Guerrero was subjected to a Fourth Amendment seizure without probable cause, that Guerrero did not knowingly...

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