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.
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.