United States v. Winston Thomas, Formerly Known as Michael S. Diaz

MAGILL, Circuit Judge.

Winston Thomas appeals the district court’s determination that evidence seized from a passenger in his car could be used against him at trial. Because Thomas voluntarily consented to the search, we affirm.

I

On December 10, 1998, driver Thomas, passenger Galinda Edwards, and a backseat passenger were traveling on Interstate 80 in Nebraska in a rental car driven by Thomas when officer James Brady of the Nebraska State Patrol pulled them over for speeding. After inspecting Thomas’s license and car rental agreement, Brady issued Thomas a speeding citation.

During the stop,…