United States v. McGhee, No. 18-3594 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence after he conditionally pleaded guilty to being a felon in possession of a firearm. Under the totality of the circumstances, the court held that the officer had probable cause for his search and the gun found under the floor mat was admissible. In this case, defendant was duplicitous at the traffic stop a few hours before his arrest and his sudden reach toward the floormat as the officer was escorting him from the vehicle both tend to support a finding of probable cause.
Court Description: Per Curiam - Before Smith, Chief Judge, and Wollman and Erickson, Circuit Judges] Criminal case - Criminal law. Under the totality of the relevant circumstances - including defendant's lying to the arresting officer, defendant's sudden reach towards the floor of his car and a suspicious bump in the car's floor mat - the arresting officer had probable cause for his search, and the gun found under the floor mat was admissible.