DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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121400P.pdf 11/08/2012 United States v. Thomas Coleman
U.S. Court of Appeals Case No: 12-1400
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Riley, Author, with Beam and Bye, Circuit Judges]
Criminal case - Criminal law and Sentencing. Traffic violation
provided probable cause for vehicle stop and the officer had an
objectively reasonable basis for believing defendant had violated the
applicable statute by crossing the fog line; officer could ask defendant
about drug use in order to eliminate drug use as a possible cause for the
traffic offense, and defendant's dishonesty about his criminal history gave
the officer grounds to prolong the stop and extend the questioning;
district court did not err in finding defendant was not required to give
defendant Miranda warnings before questioning him; defendant's
statement that there was marijuana in his motor home gave the officer
probable cause to search the vehicle for drugs, and a firearm found during
the drug sweep was properly seized; no error in sentencing defendant as
an Armed Career Criminal.