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U.S. v. SALAZAR

No. 09-3073.

609 F.3d 1059 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Shaun J. SALAZAR, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 21, 2010.

Attorney(s) appearing for the Case

Richard A. Friedman, Appellate Section, Criminal Division, United States Department of Justice (Lanny D. Welch, United States Attorney, James A. Brown and Terra D. Morehead, Assistant United States Attorneys, District of Kansas, with him on the briefs), Washington, D.C., for Plaintiff-Appellant.

Ronald E. Wurtz, Assistant Federal Public Defender (Cyd Gilman, Federal Public Defender, with him on the brief), Topeka, KS, for the Defendant-Appellee.

Before HENRY, ANDERSON, and TYMKOVICH, Circuit Judges.

HENRY, Circuit Judge.

After the government indicted him for being a felon in possession of a firearm and ammunition, Shaun J. Salazar filed a motion to suppress the evidence that a Kansas Highway Patrol Trooper discovered in Mr. Salazar's pickup truck during a January 19, 2008 detention. Mr. Salazar argued that, when the trooper activated his emergency lights, he submitted to the officer's show of authority by slowly backing up his pickup truck for about twenty seconds...

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