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.
091359P.pdf 01/13/2010 United States v. Marcos Munoz
U.S. Court of Appeals Case No: 09-1359
District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Murphy and Smith, Circuit Judges]
Criminal case - Criminal law. Defendant was no longer seized once the
ticketing officer handed him the citation and his rental documents, and as
defendant was no longer seized his Fourth Amendment rights were not
violated when the officer obtained defendant's consent to search the
vehicle; Munoz did not consent to search of his backpack, and the search
violated his Fourth Amendment rights; however, the district court did not
err in concluding that the contraband in the backpack would have been
inevitably discovered and was admissible.