273 F.3d 1284 (10th Cir. 2001), 01-3039, US v. Callaeman

Docket Nº:01-3039
Citation:273 F.3d 1284
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CURTIS DENNIS CALLARMAN, Defendant - Appellant.
Case Date:December 07, 2001
Court:United States Courts of Appeals, Court of Appeals for the Tenth Circuit
 
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Page 1284

273 F.3d 1284 (10th Cir. 2001)

UNITED STATES OF AMERICA, Plaintiff - Appellee,

v.

CURTIS DENNIS CALLARMAN, Defendant - Appellant.

No. 01-3039

United States Court of Appeals, Tenth Circuit

December 7, 2001

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS (D. Ct. No. 00-CR-40056-DES)

Page 1285

Ronald E. Wurtz, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, District of Kansas, Topeka, Kansas, appearing for Appellant.

Thomas G. Luedke, Assistant United States Attorney (James E. Flory, United States Attorney, and Nancy Landis Caplinger, Assistant United States Attorney, on the brief), Office of the United States Attorney, District of Kansas, Topeka, Kansas, appearing for Appellee.

Before TACHA, Chief Judge, PORFILIO, and BRISCOE, Circuit Judges.

TACHA, Chief Judge.

Defendant Curtis Callarman appeals the district court's order denying his motion to suppress cocaine found in an automobile in which he traveled. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Background

Topeka Police Officer Bruce Voigt was sitting in his police car on November 24, 1999, conducting surveillance on a "head shop"1 known as "Wild Thangs II." Voigt observed a 1989 Chevrolet Beretta stop in the parking lot. A man, later identified as defendant Curtis Dennis Callarman, got out of the car and entered Wild Thangs II. After five to seven minutes in the establishment, Callarman returned to the car. The car, driven by Sonya Streeter, proceeded through the parking lot, stopped at an exit, and then proceeded to turn right onto the city street. Voigt contends that Streeter did not use a turn signal, while Streeter contends that she did.

Voigt followed the vehicle. While stopped behind Streeter and Callarman at a stoplight, Voigt noticed a crack in the car's front windshield. He pulled the car over. As he approached the car, Officer Voigt saw Callarman reaching down to the floor of the car. Voigt became concerned for his safety, and ordered Callarman out of the car. At this point, Voigt observed a knotted plastic bag on the floor of the car, which he believed to be cocaine. After opening the bag and confirming that it contained cocaine, Voigt arrested Callarman.

Callarman was prosecuted for possession of cocaine pursuant to 21 U.S.C. § 844(a). Callarman moved to suppress the cocaine, arguing that the initial stop was illegal, and that the subsequent seizure of cocaine was therefore inadmissible...

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