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.
092977P.pdf 07/21/2010 United States v. Jonathan McCarty
U.S. Court of Appeals Case No: 09-2977
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Wollman, Author, with Smith and Colloton, Circuit Judges]
Criminal case - criminal law. Officer's expansion of the traffic stop was
justified as the officer had a reasonable suspicion, based on his
experience and the facts presented, that defendant was committing a drug
offense; defendant's pre and post-Miranda statements to officers were
admissible; search of gas tank did not exceed the scope of probable
cause; claim that the search raised equal protection issues was waived by
defendant's plea agreement.