DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112681P.pdf 08/02/2012 United States v. Bret Tschacher
U.S. Court of Appeals Case No: 11-2681
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Shepherd,
Circuit Judge]
Criminal case - Criminal law. District court did not err in finding
defendant knowingly and voluntarily waiving his right to counsel when
he decided to proceed pro se at trial; because the trooper's search of
defendant's vehicle was permissible under binding pre-Gant precedent as
part of a vehicle search incident to arrest, the exclusionary rule does not
apply even if the search is illegal, and the evidence was admissible;
evidence was sufficient to show defendant, a felon, was in knowing
possession of a firearm.