United States v. Kevin Kizart
967 F.3d 693
7th Cir.2020Background
- At 4:00 a.m. Officer Ron Russell stopped Kevin Kizart for speeding and smelled burnt marijuana coming from Kizart’s Kia. Kizart said his brother had smoked in the car hours earlier.
- Russell patted Kizart down (found no drugs/weapons) and searched the passenger compartment (including glove box) for ~5–7 minutes and found nothing incriminating.
- After that search, Kizart approached smiling and appeared relieved; when Russell asked how to open the trunk Kizart abruptly froze, looked shocked, and did not answer for ~5 seconds.
- Russell used the car keys to open the trunk and found a backpack containing ~3 lbs marijuana and a vacuum‑packed brick of methamphetamine.
- Kizart was indicted for possession with intent to distribute; he moved to suppress the trunk evidence arguing burnt‑marijuana odor justified only a passenger‑compartment/person search. The district court credited Russell’s testimony and denied suppression.
- The Seventh Circuit affirmed, holding that under the totality of the circumstances the odor plus Kizart’s reaction supplied probable cause to search the trunk.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of warrantless vehicle search: does odor of burnt marijuana justify searching trunk? | Kizart: Burnt‑marijuana odor indicates personal use; probable cause limited to person/passenger compartment, not trunk | Government: Odor plus Kizart’s evasive reaction about the trunk gave probable cause to search any place contraband could be hidden, including trunk | Court: Affirmed — totality (odor + demeanor change) gave fair probability trunk contained contraband, so trunk search constitutional |
| Diminution of probable cause after interior search | Kizart: Interior search produced no contraband, so probable cause dissipated before trunk query | Government: Probable cause must be assessed from the ongoing, connected events; later behavior can sustain PC | Court: Rejected diminution claim — PC viewed in totality included the subsequent demeanor and delay, preserving authority to search trunk |
Key Cases Cited
- Arizona v. Gant, 556 U.S. 332 (2009) (warrantless searches per se unreasonable; automobile‑exception framework explained)
- United States v. Ross, 456 U.S. 798 (1982) (scope of vehicle search defined by object of search and places probable cause indicates contraband may be found)
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed under the totality of the circumstances)
- United States v. Franklin, 547 F.3d 726 (7th Cir. 2008) (smell of marijuana gives probable cause to search vehicle; scope may include trunk where PC extends)
- Long v. United States, 847 F.3d 916 (7th Cir. 2017) (odor plus other observations can justify whole‑vehicle search)
- United States v. Downs, 151 F.3d 1301 (10th Cir. 1998) (contrasting view: burnt‑marijuana odor generally indicates personal use and, without corroboration, does not justify trunk search)