Friday, February 7, 2014

Tenth Circuit US v. Serrato 12-8040

Decision here.

   Not much to say about this one, really.  Serrato was one of several drug dealers busted in an ongoing investigation, and one of two who pled not guilty and stood trial together.  He was convicted, and appealed.

   Most of the appeal deals with objections to comments made by the prosecutor during the trial, or with sentence enhancements.  There's a little bit at the end about a traffic stop that Serrato wanted to have suppressed.

   The traffic stop was conducted after law enforcement learned from surveillance that a couple different vans were going to be going to a specific garage for a drug transaction.  Serrato was driving one of the vans.  He was stopped, identified, and released after about ten minutes.

   The Court held that the information from surveillance was enough to support reasonable suspicion that Serrato was involved in criminal activity when he was stopped.  Even if it hadn't been, he was also speeding.  

   Serrato & co's convictions were upheld.

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