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041751P.pdf   01/14/2005  United States  v.  Delbert W. Barry
   U.S. Court of Appeals Case No:  04-1751
   Western District of Missouri   
   Criminal case - criminal law. District court erred in suppressing 
   evidence found in search of defendant's vehicle; initial encounter 
   between officer and defendant, whose car was parked late at night behind 
   a strip mall that had been the site of recent burglaries, was not a seizure 
   for Fourth Amendment purposes; when the officer asked defendant to 
   step out of the car, he had probable cause to detain defendant and conduct 
   a search based on the fact that he smelled marijuana in the car. 
   [PUBLISHED] [Riley, Author, with Murphy and Hansen, Circuit Judges]