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U.S. v. GUERRERO

No. 06-3123.

472 F.3d 784 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Tanzitaro GUERRERO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 2, 2007.

Attorney(s) appearing for the Case

James A. Brown, Assistant United States Attorney (Eric F. Melgren, United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Daniel E. Monnat, Monnat & Spurrier, Wichita, KS, for the Defendant-Appellant.

Before HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

This case presents a variation on the usual traffic-stop search-and-seizure case: namely, that there was no traffic stop to begin with. Tanzitaro Guerrero and Alfredo Torres were parked at a gas station when they attracted the interest of a pair of officers eating lunch at a nearby sand-wich shop. Starting from a near-idle inquiry, the officers, through observation and questioning, formulated a reasonable suspicion that the two men were transporting...

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