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U.S. v. CARR

No. 10-6316.

674 F.3d 570 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Joey CARR, Jr., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 20, 2012.

Attorney(s) appearing for the Case

ARGUED: David W. Camp , Law Office of David Camp, Jackson, Tennessee, for Appellant. Kevin G. Ritz , Assistant United States Attorney, Memphis, Tennessee, for Appellee. ON BRIEF: David W. Camp , Law Office of David Camp, Jackson, Tennessee, for Appellant. Jerry R. Kitchen , Assistant United States Attorney, Jackson, Tennessee, for Appellee.

ROGERS, J., delivered the opinion of the court, in which THAPAR, D.J., joined. MOORE, J. (pp. 575-78), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

This is our second opportunity to consider the purported seizure of Defendant Joey Carr's car. On the night of August 29, 2006, two police officers approached Carr's white Chevy Tahoe, which was parked in an otherwise empty coin-operated carwash. After seeing furtive movements, and observing marijuana on Carr's dashboard, the police arrested Carr and searched the Tahoe. They discovered a gun, crack cocaine, and marijuana. Carr...

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