U.S. v. $45,000.00 IN U.S. CURRENCY

No. 13-1073.

749 F.3d 709 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. $45,000.00 IN UNITED STATES CURRENCY, Defendant. Carlos Martins Claimant, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 16, 2014.


Attorney(s) appearing for the Case

Joseph Leo Howard , argued, Omaha, NE, for Appellant.

Nancy A. Svoboda , AUSA, argued, Omaha, NE, for Plaintiff-Appellee.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.


MELLOY, Circuit Judge.

Carlos Martins appeals the district court's order denying his post-trial motion to suppress evidence obtained as the result of a traffic stop. For the reasons set forth below, we hold that the traffic stop was unconstitutional and that the district court erred by not suppressing the evidence. Accordingly, we reverse.

I. Background

On August 2, 2010, canine officer Deputy David Wintle...

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