United States v. Gregory Douglas Seslar and Meredit Tarcisio Mayorga

TACHA, Circuit Judge.

The government appeals a district court order granting the defendants’ motions to suppress physical evidence and oral statements as the fruit of an illegal stop of defendants’ rental truck. We affirm,

BACKGROUND

On February 7, 1992, at 9:10 a.m., Kansas Highway Patrol (“KHP”) Trooper Dennis Gassman stopped a Ryder rental truck driven by defendant Gregory Seslar. Defendant Meredit Mayorga had rented the truck and was a passenger when it was stopped. Trooper Gassman stopped the truck to determine whether it was hauling a commercial load and, if so, whether the defendants…