United States v. Kizart, No. 19-2641 (7th Cir. 2020)
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Kizart was driving alone when Officer Russell stopped him for speeding. As they talked, Russell smelled burnt marijuana coming from Kizart’s car. Kizart explained that his brother had smoked marijuana in the car earlier. Russell stated he would search the vehicle, had Kizart step out of the car, patted him down, and found no drugs or weapons. Russell searched the passenger compartment, including areas not in plain view, for several minutes. Russell asked Kizart how to open the trunk. Kizart did not respond and “looked sort of shocked” for about five seconds, making Russell “suspicious.” Russell removed the keys from the ignition and used them to open the trunk. Toward the back of the trunk, he found a backpack with a garbage bag inside, which contained three smaller bags of what appeared to be raw marijuana and a “white, vacuum-packed brick ” that turned out to be methamphetamine. The backpack contained approximately three pounds of marijuana and three pounds of methamphetamine.
Charged with possessing marijuana and methamphetamine, each with intent to distribute, 21 U.S.C. 841(a)(1), (b)(1)(A), (b)(1)(D). Kizart unsuccessfully moved to suppress the drugs. The Seventh Circuit affirmed. The totality of the circumstances, including the smell of burnt marijuana and Kizart’s reaction and behavior when Russell asked Kizart about the trunk, provided probable cause to search his car’s trunk.
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