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Criminal Law

: Tenth Circuit Blog

By Shari Allison

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U.S. v. Tang, 2009 WL 1353755 (5/15/09) (unpub'd) - Regardless of whether the defendant violated Utah's law to keep in the lane as much as practicably possible, the defendant's driving for 7 to 8 seconds for 200 to 300 yards over the line on a curving mountain road gave rise to reasonable suspicion the driver was sleepy or impaired justifying the stop.U.S. v. Barraza, 2009 WL 1313759 (5/13/09) (unpub'd) - The defendant was charged with transporting two aliens. One transported person testified he was an illegal alien. For the other transportee, the government introduced a signed statement by him that he was an illegal alien. The 10th assumed that was a violation of the Confrontation Clause, but found the error harmless beyond a reasonable doubt because the evidence was overwhelming that the transportee was an illegal alien...continue to full post

Full post as published by Tenth Circuit Blog on May 19, 2009 (boomark / email).