Legal Opinion

United States v. Daytoviane McLemore

Court of Appeals for the Eighth Circuit

Decided April 13, 2018No. 17-1683; 17-1684PublishedCited by 8 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Indicted for possession of a firearm by an unlawful drug user in violation of 18 U.S.C. §§ 922 (g)(3) and 924(a)(2), Joshua Rode and Daytoviane McLemore moved to suppress the firearm discovered during a traffic stop. The district court, 1 sustaining their objections to the magistrate judge's contrary Report and Recommendation, ruled that the traffic stop violated the Fourth Amendment because the officers lacked reasonable suspicion or probable cause that the vehicle was being operated without a valid temporary registration card. See Iowa Code §§ 321.25 , 321.98. The…

2Cases cited13 opinions

  1. Whren v. United StatesSupreme Court of the United States · 1996
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Heien v. North CarolinaSupreme Court of the United States · 2014
  4. United States v. Kenny Eugene SmartCourt of Appeals for the Eighth Circuit · 2005
  5. United States v. Anthony HollinsCourt of Appeals for the Eighth Circuit · 2012

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3Cited by8 opinions

  1. Fred Watson v. Eddie Boyd, IIICourt of Appeals for the Eighth Circuit · 2021
  2. State v. BarbeauNebraska Supreme Court · 2018
  3. Jared Clinton v. Ryan GarrettCourt of Appeals for the Eighth Circuit · 2022
  4. People v. TacardonCalifornia Supreme Court · 2022
  5. United States v. Joshua BrownCourt of Appeals for the Eighth Circuit · 2023

3 more not listed; retrieve them via the Exa API.

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