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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.