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U.S. v. CLARIOT

No. 09-5783.

655 F.3d 550 (2011)

UNITED STATES of America, Plaintiff-Appellant, v. Jose M. CLARIOT; Franklin Guzman; Oscar Toledo, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Brent A. Hannafan , Assistant United States Attorney, Nashville, Tennessee, for Appellant. Michael D. Noel , Brentwood, Tennessee, Jodie A. Bell , Bell, Tennent & Frogge, Nashville, Tennessee, Kimberly S. Hodde , Hodde & Associates, Nashville, Tennessee, for Appellees. ON BRIEF: Heather G. Childs , Assistant United States Attorney, Nashville, Tennessee, for Appellant. Michael D. Noel , Brentwood, Tennessee, Jodie A. Bell , Bell, Tennent & Frogge, Nashville, Tennessee, Kimberly S. Hodde , Hodde & Associates, Nashville, Tennessee, Benjamin H. Perry , Balthrop, Perry & Noe, Ashland City, Tennessee, for Appellees.

SUTTON, J., delivered the opinion of the court, in which STAFFORD, D.J., joined. WHITE, J. (p. 556), delivered a separate opinion concurring in the reversal.

OPINION

SUTTON, Circuit Judge.

When three men landed an airplane at an unstaffed airport in Jackson, Tennessee at 9:00 p.m., local law enforcement investigated. Five officers approached the plane, and they asked for identification. A warrant check on the individuals came up clean and the officers returned the identifications, after which they chatted with the men about their travel plans.

Roughly ten to fifteen minutes of conversation later, the...

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