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U.S. v. AQUINO

No. 11-1372.

674 F.3d 918 (2012)

UNITED STATES of America, Appellant, v. Luis Alberto AQUINO, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 22, 2012.

Attorney(s) appearing for the Case

Nancy A. Svoboda , AUSA, argued, Omaha, NE, for appellant.

Shannon Patrick O'Connor , First Assistant FPD, argued, Raymond E. Walden , Research and Writing Attorney, FPD's office, on the brief, Omaha, NE, for appellee.

Before RILEY, Chief Judge, BEAM and BYE, Circuit Judges.

BYE, Circuit Judge.

The district court1 granted Luis Aquino's motion to suppress evidence discovered on his person during an encounter with law enforcement officers at the Greyhound Bus Depot in Omaha, Nebraska. The district court found Aquino did not voluntarily consent to the search that resulted in the discovery of the evidence. The government appeals contending the evidence was lawfully obtained as a result of a consensual encounter...

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