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U.S. v. STEWART

No. 05-4255.

473 F.3d 1265 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Adrian T. STEWART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 19, 2007.

Attorney(s) appearing for the Case

Scott C. Williams, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Brett L. Tolman, United States Attorney, with her on the briefs), Salt Lake City, UT, for Plaintiff-Appellee.

Before HENRY, HOLLOWAY, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

A traffic stop of Adrian T. Stewart's car in Heber City, Utah, led to the discovery under his seat of a loaded .9 millimeter pistol with the safety off and a package of methamphetamine hidden in a rollerblade. Mr. Stewart moved to suppress this evidence, arguing that the officer's question that led to the discovery of the gun, and the subsequent search of his vehicle, violated his Fourth Amendment rights. The district court denied his motion...

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