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.
161959P.pdf 04/13/2017 United States v. Eleuterio Murillo-Salgado
U.S. Court of Appeals Case No: 16-1959
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Wollman, Author, with Riley and Kelly, Circuit Judges]
Criminal case - Criminal law and sentencing. Law enforcement officer did
not unreasonably extend the traffic stop when defendant and his passenger
gave the officer inconsistent and contradictory information regarding
their travel and identities and the officer undertook normal investigative
steps to resolve the issues and obtain additional information; because the
traffic stop was not impermissibly extended or prolonged, defendant's
consent to search the truck was valid and defendant's continued detention
to search the truck was permissible, as was the ensuing search; search of
an air compressor was permissible under the automobile exception where the
totality of the circumstances - the odor and presence of fresh paint, as
well as jagged welds - and the officer's experience and training gave him
probable cause to believe the tank contained contraband; the district
court exceeded its authority when it imposed immediate and automatic
removal from the U.S. as a special condition of defendant's supervision;
this condition is modified to require defendant's surrender to immigration
authorities when he completes his sentence. Judge Kelly, dissenting.