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.
103504P.pdf 06/13/2011 United States v. Miguel Correa
U.S. Court of Appeals Case No: 10-3504
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Murphy, Author, with Colloton, Circuit Judge, and
Erickson, District Judge]
Criminal case - criminal law. A reasonable person in defendant's
position would have felt free to end a conversation with officers and the
district court erred in holding that defendant's conversation on a bus with
officers was a detention subject to Fourth Amendment protection; the
district court also erred in finding defendant did not voluntarily consent to
a search of his jacket; Fourth Amendment was not violated by officer's
investigative detention of defendant, including handcuffing him and
removing from the bus, or by opening the suspicious containers which
revealed a large amount of methamphetamine; there was then probable
cause to arrest defendant; suppression order reversed and case remanded
for further proceedings.