DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
063212P.pdf 01/24/2008 USA v. Stephen Gill, et al
U.S. Court of Appeals Case No: 06-3212
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Melloy, Author, with Riley and Hansen, Circuit Judges]
Criminal case - Criminal law. Based on the totality of the
circumstances, there was reasonable suspicion to expand the scope of the
traffic stop to include an investigation into whether the defendants were
transporting contraband; asking questions and seeking to obtain consent
to search the defendants' truck were reasonable and permissible methods
of continuing the investigation and did not unduly prolong the
investigation; defendant Riley was not unlawfully detained at the time she
consented to a search of the truck and her consent was voluntary; district
court did not abuse its discretion when it declined to reopen the record on
the motion to suppress to admit evidence of polygraph testing as the
evidence would have been of limited probative value; no error in
admitting testimony from a DEA agent concerning the link between
firearms possession and drug distribution as it assisted the jury in
understanding the business of drug trafficking; district court did not err
in rejecting defendant Gill's proposed instruction on the definition of
reasonable doubt to be applied in circumstantial evidence cases;
instructions on defendant Gill's firearm offense did not amend the
indictment and the instructions, while erroneous, did not require reversal
because they did not affect Gill's substantial rights; evidence was
sufficient to support conviction for carrying a firearm while trafficking.