022233P.pdf   10/17/2003  United States  v.  Damien Wells
   U.S. Court of Appeals Case No:  02-2233
   District of Nebraska   
   Criminal case - criminal law. When defendant's first trial resulted in 
   acquittal on two counts of possession and a hung jury and mistrial on 
   the third count, the principles of double jeopardy did not bar the 
   government from reintroducing evidence regarding the acquittal 
   counts at the retrial of the third count; search warrant was supported 
   by probable cause; while search of the vehicle in which defendant was 
   riding was not a search incident to arrest, the officers had probable 
   cause to search the vehicle based on their belief the car contained 
   evidence of a crime; tapes of conversations with confidential 
   informant were properly admitted, as defendant's voice was 
   identified; district court did not err in allowing numbers from pager 
   and cell phone memory banks to be admitted; admission of directing 
   officer's testimony after confidential informant who purchased crack 
   from defendant refused to testify was not error.