United States v. Smith, No. 11-2016 (7th Cir. 2012)
Annotate this CaseAn officer followed defendant's car because of a tip that included the license plate number. He observed that the windows were tinted, and after stopping defendant for failure to signal a right turn, smelled marijuana and saw defendant try to conceal a bag. Defendant stated that he had a gun in the car and the officer's canine alerted to drugs. A search of his car yielded a loaded revolver, crack cocaine, marijuana, and a digital scale. He was convicted as a felon in possession of a firearm, possession of crack cocaine with intent to deliver, and possession of a firearm in furtherance of a drug transaction. The Seventh Circuit affirmed, finding that misstatement of the date on the indictment did not amount to constructive amendment. The court also rejected an argument that the officer lacked probable cause for the stop; a turn signal was required, even if the angle of the turn was less than 90 degrees.
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