101406P.pdf   01/24/2011  United States  v.  Ronald Prokupek
   U.S. Court of Appeals Case No:  10-1406
                          and No:  10-1512
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Gruender, Author, with Riley, Chief Judge, and
   Melloy, Circuit Judge]
   Criminal case - criminal law. The district court clearly erred in finding
   a traffic violation occurred giving the police probable cause for the traffic
   stop in question; the district court's finding that the trooper's 
   inconsistent testimony on the stop was misstatement was not supported by the
   evidence and was clearly erroneous; in the absence of any other
   justification for the traffic stop, the stop violated the Fourth Amendment,
   and the drugs seized during the search of defendants' vehicle should have
   been suppressed; the denial of defendants' motion to suppress is reversed,
   and their convictions are vacated.