United States v. Berg, No. 18-3250 (10th Cir. 2020)
Annotate this CaseDefendant-Appellant Mark Berg entered a conditional guilty plea to one count of possession of 100 kilograms or more of marijuana with intent to distribute. Berg appealed his conviction, claiming the district court erred by refusing to suppress evidence seized after a traffic stop. Specifically, Berg argued law enforcement lacked the reasonable suspicion of criminal activity necessary to detain him after the initial stop ended. Taking the totality of the circumstances, including facts indicating Berg was traveling in tandem with two escort vehicles and Berg’s rental car was packed in a manner inconsistent with his assertion he was moving his possessions from one state to another, the Tenth Circuit concluded law enforcement had reasonable suspicion, thus affirming denial of Berg's motion suppress.
The court issued a subsequent related opinion or order on April 15, 2020.
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