U.S. v. TURVIN

No. 06-30551.

517 F.3d 1097 (2008)

UNITED STATES of America, Plaintiff-Appellant, v. Sean T. TURVIN; Corina L. Cunningham, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2008.


Attorney(s) appearing for the Case

Nelson P. Cohen, United States Attorney, and David A. Nesbett, Assistant United States Attorney, District of Alaska, and Elizabeth A. Olson, Attorney, U.S. Department of Justice, Washington, DC, for the appellant.

Mary C. Geddes, Assistant Federal Defender, Anchorage, AK, for the appellees.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and RICHARD A. PAEZ, Circuit Judges.


Opinion by Judge WALLACE; Dissent by Judge PAEZ.

WALLACE, Senior Circuit Judge:

The government appeals from the district court's order suppressing evidence obtained from the search of Turvin's vehicle. While Turvin was waiting for a police officer to issue a traffic citation, the officer questioned Turvin about methamphetamine and obtained Turvin's consent to search his vehicle for contraband. The district court held that the officer's questions about methamphetamine...

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