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U.S. v. PERALEZ

No. 07-1649.

526 F.3d 1115 (2008)

UNITED STATES of America, Appellant, v. Ruben PERALEZ, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 14, 2008.

Attorney(s) appearing for the Case

Mark E. Salter, AUSA, argued, Jeffrey C. Clapper, on the brief, Sioux Falls, SD, for Appellant.

Scott M. Ellison, argued, Corpus Christi, TX, for Appellee.

Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Ruben Peralez was charged with one count of possessing a firearm with an obliterated serial number after a South Dakota State Patrol trooper found such a firearm in Peralez's luggage in a van in which Peralez was a passenger. The district court granted Peralez's motion to suppress evidence, including the firearm, concluding the trooper had violated the Fourth Amendment by improperly extending the duration of the traffic stop to enable a drug...

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