United States v. Brian Daniel
2016 U.S. App. LEXIS 25
8th Cir.2016Background
- On Feb. 14, 2013, KCMO officers observed a black Ford Explorer in a high-narcotics area and watched a hand-to-hand exchange consistent with a drug sale.
- A license-plate check tied the vehicle to Brian Daniel, who matched the description of the person inside and had two outstanding warrants.
- After officers approached, Daniel walked away and discarded a plastic baggie; officers handcuffed him and recovered the baggie, which tested positive for controlled substances.
- Officers smelled fresh, unburnt marijuana coming from Daniel’s vehicle; they asked whether a weapon was in the car (Daniel said no) and then searched the vehicle.
- The search produced a loaded .40 caliber handgun, ~450 grams of marijuana, and drug-trafficking paraphernalia; Daniel moved to suppress and lost in district court, then pleaded guilty conditionally to 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause to search the vehicle without a warrant | Daniel: officers lacked probable cause; the smell of marijuana was not established before search | Government: observation of hand-to-hand transaction, discarded drugs, and smell of marijuana provided probable cause | Court: Probable cause existed; search lawful |
Key Cases Cited
- Florida v. Harris, 133 S. Ct. 1050 (2013) (defines probable cause standard for searches)
- United States v. Ross, 456 U.S. 798 (1982) (warrantless automobile searches permitted if probable cause to believe vehicle contains evidence)
- United States v. Bearden, 780 F.3d 887 (8th Cir. 2015) (standard of review—de novo for legal conclusions, clear error for factual findings)
- United States v. Brown, 634 F.3d 435 (8th Cir. 2011) (odor of marijuana can support probable cause to search a vehicle)
- United States v. Davis, 569 F.3d 813 (8th Cir. 2009) (circumstances supporting vehicle search for drugs include observed transactions and odors)
- United States v. Neumann, 183 F.3d 753 (8th Cir. 1999) (evidence of recent drug activity in vehicle supports probable cause)