Page:United States Reports 502 OCT. TERM 1991.pdf/160

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UNITED STATES v. IBARRA Per Curiam

be required to guess at their peril the date on which the time to appeal commences to run. An alternative method of analysis—that the Government’s motion was not a “true” motion for reconsideration because the Government did not initially urge the argument on which it based the motion—would also break down into subcategories the more general category of “motions for reconsideration” described in this Court’s previous decisions. Certiorari granted; 920 F. 2d 702, vacated and remanded.

Per Curiam. The United States District Court for the District of Wyoming ordered that certain evidence which the Government proposed to use in respondent’s pending criminal trial be suppressed. The Government appealed the order to the Court of Appeals for the Tenth Circuit, but that court dismissed the Government’s appeal. It held that the 30-day period in which to file an appeal began to run on the date of the District Court’s original suppression order, rather than on the date the District Court denied the Government’s motion for reconsideration. 920 F. 2d 702 (1990). We grant the Government’s petition for certiorari and vacate the judgment of the Court of Appeals. I Respondent was indicted for possession of cocaine with intent to distribute. The circumstances leading to the indictment are largely uncontested. Law enforcement officers stopped respondent’s car for a suspected operating violation. The officers questioned respondent and asked for permission to search the car. Respondent granted the request and a brief search was conducted but no cocaine was identified or seized. However, noting that neither respondent nor his passenger had a valid operator’s license, the officers impounded the car and transported respondent and his passenger to a Western Union office. The officers then went to the towing service lot and searched the car a second time. They found cocaine in the trunk. Respondent filed a pretrial motion to suppress the evidence found in the second search.