United States v. Brian Daniel, No. 15-1135 (8th Cir. 2016)
Annotate this CaseDefendant conditionally pleaded guilty to unlawful possession of a firearm as a previously convicted felon and then appealed the district court's order denying his motion to suppress evidence discovered in a search of his vehicle. In this case, the police observed defendant engage in behavior consistent with a hand-to-hand drug transaction from inside the suspect vehicle; the officers then recovered a baggie of drugs that defendant discarded outside the vehicle; and the officers smelled an odor of marijuana emanating from the vehicle. In light of these facts, the court concluded that the officers had ample reason to believe that the vehicle contained marijuana or other evidence of drug-related activity. Therefore, the officers had probable cause to search and the court affirmed the district court's denial of the motion to suppress.
Court Description: Colloton, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law. Officers' observation of defendant making what appeared to be hand-to-hand drug transactions from the suspect vehicle, together with recovery of a bag of drugs he discarded and the smell of marijuana emanating from the vehicle, gave the officers ample reason to believe the vehicle contained marijuana and evidence of drug dealing, and defendant's motion to suppress the search of the vehicle was properly denied. [ January 04, 2016
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