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.
091743P.pdf 05/21/2010 United States v. Josue Marquez
U.S. Court of Appeals Case No: 09-1743
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Wollman, Author, with Loken, Chief Judge, and John
R. Gibson, Circuit Judge]
Criminal case - criminal law. District court did not err in finding
defendant had validly waived his Miranda rights; defendant did not have
standing to challenge the placement of a GPS tracking device on a vehicle
in which he was an occasional passenger; even if he had standing, a
person traveling on a public street has no reasonable expectation of
privacy in his movements from one place to another; no error in denying
motion in limine to suppress evidence that an assault rifle was seized
from defendant's residence as evidence concerning the presence of
firearms in close proximity to drugs is probative evidence of drug dealing
activity; evidence was sufficient to support defendant's conspiracy
conviction; challenge to jury instruction and verdict form rejected.