134 F.4th 914
6th Cir.2025Background
- Andre Whitlow, a convicted felon, was pulled over in the early morning for driving a car with expired registration.
- During the traffic stop, the officer observed loose marijuana in the vehicle and, following a search, found two hidden firearms.
- Whitlow told the officer he had a "weed license" for medical marijuana, but the marijuana appeared not to be stored per state regulations.
- Officers confirmed Whitlow was a felon, charged him under 18 U.S.C. §§ 922(g)(1), 924(a)(2) (felon in possession), and a jury convicted him.
- On appeal, Whitlow challenged the legality of the search, the sufficiency of evidence, evidentiary rulings, testimony, and a sentencing enhancement.
Issues
| Issue | Whitlow’s Argument | Government's Argument | Held |
|---|---|---|---|
| Legality of Car Search | No probable cause since medical marijuana is legal and officer could not know legality of marijuana | Probable cause for both state and federal law violations; observed illegal marijuana and regulatory violations | Search was constitutional; probable cause existed |
| Sufficiency of Evidence | Evidence did not prove knowing possession of firearms, others had access to car | Constructive possession proved by proximity, unique firearm, and Instagram photos | Sufficient evidence supported conviction |
| Evidentiary Rulings (404(b), 403) | Instagram photos and prior police interaction were unfairly prejudicial | Proper under 404(b) to show knowledge; probative value not outweighed by prejudice | No abuse of discretion; evidence properly admitted |
| Sentencing Enhancement (Stolen Firearm) | Insufficient evidence that gun was stolen; reliability issue since owner did not testify | Officer testimony and owner’s statement were reliable; corroborated theft | Sufficiently reliable; no clear error; enhancement affirmed |
Key Cases Cited
- United States v. Moore, 553 U.S. 164 (state law violations do not alter Fourth Amendment reasonableness)
- United States v. Greenwood, 486 U.S. 35 (reasonableness of a search not dependent on state law)
- Cooper v. California, 386 U.S. 58 (state law not dispositive for Fourth Amendment analysis)
- Whren v. United States, 517 U.S. 806 (searches reasonable under the Fourth Amendment even if violating local rules)
- United States v. Farrad, 895 F.3d 859 (photo holding a firearm may suffice for felon-in-possession conviction)
- United States v. Hunter, 558 F.3d 495 (upholding photo-based evidence of defendant with same weapon found at scene)
- United States v. Gibbs, 506 F.3d 479 (background about police investigation allowed to provide context)