596 F. App'x 804
11th Cir.2015Background
- Officer Durivou observed Smith near an apartment complex at ~11:00 p.m.; residents had complained of drug activity.
- From ~100 feet over ~30 minutes, Durivou saw Smith repeatedly access the car’s interior and trunk.
- Durivou approached, smelled burnt marijuana, saw Smith drop a hand-rolled blunt, opened it (marijuana inside), and arrested Smith; no contraband found on Smith but officers recovered car keys.
- Smith denied consent to search the car; Durivou testified he smelled fresh marijuana coming from the vehicle, stronger in the back seat, and searched the car and trunk without a warrant, finding marijuana and a firearm.
- Smith moved to suppress evidence from the warrantless search as lacking probable cause; the district court credited the officer’s testimony and denied suppression.
- Smith was convicted under 18 U.S.C. § 922(g)(1) and appealed, challenging probable cause for the vehicle/trunk search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless vehicle search was supported by probable cause | Smith: Officer’s claim he smelled marijuana from the car (and trunk) was incredible and insufficient for probable cause | Government: Officer credibly detected odor of marijuana based on training/experience, giving probable cause to search vehicle and trunk | Court: Credited officer’s testimony; probable cause existed to search vehicle and trunk, so suppression denial affirmed |
Key Cases Cited
- United States v. Ransfer, 749 F.3d 914 (11th Cir.) (standard of review for suppression rulings)
- United States v. Ramirez-Chilel, 289 F.3d 744 (11th Cir.) (deference to credibility findings unless testimony is impossible or implausible)
- United States v. Lanzon, 639 F.3d 1293 (11th Cir.) (automobile exception: mobility and probable cause)
- United States v. Watts, 329 F.3d 1282 (11th Cir.) (operational vehicle satisfies mobility requirement)
- United States v. Tobin, 923 F.2d 1506 (11th Cir. en banc) (officer’s detection of marijuana odor can establish probable cause)
- United States v. Lueck, 678 F.2d 895 (11th Cir.) (same)
- Arizona v. Gant, 556 U.S. 332 (2009) (scope of vehicle search when probable cause exists includes areas where evidence might be found)