United States v. Ladeaux

EBEL, Circuit Judge.

In this case, Defendant-Appellant John Ladeaux contends that two requests made of him during a traffic stop — to (1) exit the vehicle and (2) roll up the windows and open the vents — violated his Fourth Amendment rights such that the contraband discovered during the stop must be suppressed. Because the district court did not properly consider the effect of the second request 1 under the burden-shifting scheme set out in United States v. Nava-Ramirez, 210 F.3d 1128 (10th Cir.2000), we remand this case for the' district court to address that issue in the first instance.

BACKGR…