Académique Documents
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Culture Documents
No. 08-4979
Appeal from the United States District Court for the Eastern
District of North Carolina, at Elizabeth City.
Terrence W.
Boyle, District Judge. (2:08-mj-01024-BO-1)
submitted:
Decided:
PER CURIAM:
Brian A. Stephens appeals his convictions for carrying
an open container of alcohol in a vehicle within a national
park, in violation of 36 C.F.R. 4.14(b) (2008), possession of
marijuana
in
national
park,
in
violation
of
36
C.F.R.
facts
exists
for
vehicle
vehicles
(2008).
fell
an
parked
within
open
at
the
exception
container
an
occupant(s)
carried
authorized
are
camping.
to
the
or
stored
campsite
36
regulation
where
C.F.R.
in
that
motor
the
motor
4.14(c)(3)
did not actually exist, the rangers reasonably relied upon it.
We affirm in part, reverse in part, and remand.
Both Stephens and the Government are in agreement that
the
district
court
erred
in
convicting
Stephens
of
the
open
the
only
issue
remaining
before
us
is
its
States
v.
factual
Branch,
determinations
537
F.3d
328,
for
337
clear
(4th
error.
Cir.
2008),
United
cert.
Id.
Florida v.
Schneckloth v. Bustamonte,
412 U.S. 218, 219 (1973) (internal quotation marks and citations
3
omitted).
a
third-party
possessing
common
articles to be searched.
164, 171 (1974).
authority
over
the
place
or
it
is
consent
clear
to
that
search
the
of
owner
the
of
van
the
and
van
had
authority
to
containers
therein.
property,
both
parties
had
common
authority
over
district
court
did
not
err
in
denying
the
motion
to
suppress.
Accordingly, we reverse the judgment of the district
court as to Stephenss open container conviction, affirm the
remaining convictions, and remand the case for correction of the
judgment.
legal
contentions
are
adequately
4
expressed
in
the
materials
before
the
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED IN PART;
REVERSED IN PART, AND REMANDED