U.S. v. LADEAUX

No. 05-8097.

454 F.3d 1107 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. John F. LADEAUX, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 12, 2006.


Attorney(s) appearing for the Case

Submitted on the briefs:* David M. Gosar, Jackson, WY, for Defendant-Appellant.

Matthew H. Mead, United States Attorney, L. Robert Murray, Assistant United States Attorney, Cheyenne, WY, for Plaintiff-Appellee.

Before HARTZ, EBEL and TYMKOVICH, Circuit Judges.


EBEL, Circuit Judge.

In this case, Defendant-Appellant John Ladeaux contends that two requests made of him during a traffic stop—to (1) exit the vehicle and (2) roll up the windows and open the vents—violated his Fourth Amendment rights such that the contraband discovered during the stop must be suppressed. Because the district court did not properly consider the effect of the second request1 under the burden-shifting scheme...

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