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222670P.pdf   07/28/2023  United States  v.  Sergio Jimenez
   U.S. Court of Appeals Case No:  22-2670
   U.S. District Court for the District of Nebraska - Omaha   
[PUBLISHED] [Shepherd, Author, with Stras and Kobes, Circuit Judges] Criminal case - Criminal law. Defendant, who was wearing a blanket over his shoulders as a cape was stopped by drug interdiction agents at the Omaha bus terminal; held, the officers erred in forcibly removing the blanket without first conducting a patdown search to determine if there were any weapons or hidden items present underneath the blanket; since the removal of the blanket violated the Fourth Amendment, all of the evidence subsequently discovered was inadmissible and must be suppressed; defendant's conviction is vacated, and the matter is remanded for further proceedings. Judge Stras, dissenting.