DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

083898P.pdf   04/06/2010  United States  v.  Jese Hernandez-Mendoza
   U.S. Court of Appeals Case No:  08-3898
                          and No:  08-3899
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Colloton, Author, with Beam and Benton, Circuit Judges]
Criminal case - Criminal law. State trooper did not violate the Fourth Amendment by extending defendants' traffic stop to search their vehicle as the trooper had probable cause to believe there was contraband in the car; trooper's act of leaving defendants in his cruiser with the recording device activated was not the functional equivalent of express questioning and their recorded comments were admissible; evidence was sufficient to support defendants' conspiracy and drug convictions; giving of a deliberate ignorance instruction was error, but the error was harmless in light of the evidence of defendants' guilt.