U.S. v. SANTOS

No. 03-8059.

403 F.3d 1120 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Raymond SANTOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 6, 2005.


Attorney(s) appearing for the Case

James H. Barrett, Assistant Federal Defender (Michael G. Katz, Federal Public Defender, with him on the briefs), Cheyenne, Wyoming for Appellant.

Darrell L. Fun, Assistant United States Attorney (Matthew H. Mead, United States Attorney, with him on the brief), Cheyenne, Wyoming, for Appellee.

Before HARTZ, McCONNELL, and McWILLIAMS, Circuit Judges.


McCONNELL, Circuit Judge.

This case involves a routine traffic stop with the all-too-routine denouement, a drug conviction. But it has some troubling features: seeming reliance on the defendant's selective refusal of consent as a basis for reasonable suspicion, apparent inconsistencies between the district court's findings of fact based on the officer's testimony and the video tape of the traffic stop, and relatively weak indicators of suspicious behavior. Nonetheless...

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