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U.S. v. ALCARAZ-ARELLANO

No. 03-40015-01-SAC.

302 F.Supp.2d 1217 (2004)

UNITED STATES of America, Plaintiff, v. Gerardo ALCARAZ-ARELLANO, Defendant.

United States District Court, D. Kansas.

January 22, 2004.

Attorney(s) appearing for the Case

Marilyn M. Trubey, Office of Federal Public Defender, Topeka, KS, for Defendant.

Randy M. Hendershot, Office of United States Attorney — Topeka, Topeka, KS, for Plaintiff.

MEMORANDUM AND ORDER

CROW, District Senior Judge.

This case came before the court for evidentiary hearing on the defendant's motions to suppress evidence and to dismiss the indictment. The court, having heard the testimony and reviewed the exhibits and pleadings, rules as follows.

I. FACTS

On February 9, 2003, Russell County Sheriff's Deputy Kelly Schneider was on routine patrol, monitoring traffic. When westbound on I-70, he noticed a...

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