Court of Appeals for the Eighth Circuit November 18, 2004, 03-4046 (United States v. Jose Martinez Escobar Vicky Lynn Loos, Also Known as Vicky L. Reppuhn)

RILEY, Circuit Judge,

concurring.

From its inception, this case has presented a moving target. Because I agree *787with the court’s ultimate resolution of this case on appeal, I concur. However, I wish to discuss the case’s unique history, including what issues are properly before us, and our circuit’s recent, controlling precedent on the seizure issue to clarify why I concur only in the result.