U.S. v. TIBBETTS

No. 04-4072.

396 F.3d 1132 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Jesse James TIBBETTS, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 2, 2005.


Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney with him on the brief), Salt Lake City, UT, for the Plaintiff-Appellant.

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender with him on the brief), Salt Lake City, UT, for the Defendant-Appellee.

Before KELLY, HOLLOWAY, and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

In this interlocutory appeal, the United States contests the district court decision to suppress evidence seized from Jesse James Tibbetts' Toyota 4Runner. In January 2003, Tibbetts and Christopher Doherty were traveling east along Utah's Interstate 80 ("I-80") in a Toyota 4Runner when they were stopped by Utah Highway Patrol Sergeant Jeff Chugg for what he considered were three violations of Utah's traffic code. Suspecting that Tibbetts and...

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