111525P.pdf   03/23/2012  United States  v.  Mauriosantana Cowan
   U.S. Court of Appeals Case No:  11-1525
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Riley, Author, with Beam and Bye, Circuit Judges]
   Criminal case - criminal law. Under the circumstances, which would
   lead a reasonable officer to believe defendant was part of a common
   enterprise with the people in an apartment who were engaged in drug
   activity, the officer did not violate defendant's Fourth Amendment rights
   by patting him and down and seizing a set of keys; assuming the officer's
   use of the key fob to locate defendant's vehicle constituted a search or
   seizure, it was justified by the automobile exception to the Fourth
   Amendment; the court erred in excluding the crack found in defendant's
   car; the district court did not err in suppressing defendant's answer to an
   officer as to why he had keys if he arrived by bus, but the court erred in
   excluding certain other statements made to police. Judge Bye, concurring
   in part and dissenting in part.