United States v. Michael Vore
743 F.3d 1175
| 8th Cir. | 2014Background
- Vore was convicted after a jury trial of possession with intent to distribute five or more grams of methamphetamine under 21 U.S.C. § 841(a)(1).
- Officers stopped a truck towing a trailer suspected of stolen trailers based on a CI tip and observed registration inconsistencies.
- VIN on the truck’s insurance card differed by one digit from the actual VIN; the trailer was stolen and linked to another stolen trailer.
- The officers learned the trailer had no visible plate and lacked registration, and the somewhat related residence activity raised probable-cause concerns.
- During a post-stop search, Trooper Zenor found methamphetamine, cash, a glass pipe, an electronic scale, and other drug paraphernalia inside the truck.
- Vore’s cellmate testified he admitted intent to sell and use methamphetamine in the truck; trial evidence included 59.1 g of methamphetamine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search of the truck was reasonable | Vore | Vore | Probable cause supported automobile-exception search |
| Sufficiency of evidence for knowing possession | Vore | Vore | Sufficient evidence supports knowing possession |
| Sufficiency of evidence for intent to distribute | Vore | Vore | Evidence supports intent to distribute |
| Whether district court erred by not giving mere-presence theory | Vore | Vore | No abuse; given instructions sufficed |
Key Cases Cited
- United States v. Wells, 347 F.3d 280 (8th Cir. 2003) (automobile exception requires probable cause; search may precede warrant)
- United States v. Castaneda, 438 F.3d 891 (8th Cir. 2006) (no warrant needed if probable cause exists; search of vehicle and contents)
- United States v. Ross, 456 U.S. 798 (U.S. 1982) (search of vehicle extends to all areas concealing object of search)
- United States v. Kennedy, 427 F.3d 1136 (8th Cir. 2005) (probable-cause totality-of-circumstances approach)
- United States v. Serrano-Lopez, 366 F.3d 628 (8th Cir. 2004) (standard for sufficiency of evidence; strict review)
- United States v. Timlick, 481 F.3d 1080 (8th Cir. 2007) (knowledge/ownership or control over contraband to prove possession)
- United States v. Baker, 367 F.3d 790 (8th Cir. 2004) (witness credibility considerations for possession and intent)
- United States v. Vega, 676 F.3d 708 (8th Cir. 2012) (large quantity supports inference of distribution; purity considerations)
- United States v. Fetters, 698 F.3d 653 (8th Cir. 2012) (evidence of quantity/purity supports intent to distribute)
- United States v. Finch, 630 F.3d 1057 (8th Cir. 2011) (drug paraphernalia supports distribution inference)
- United States v. Chatmon, F.3d --- (8th Cir. 2014) (constructive possession where driver/sole occupant found with contraband)
- United States v. Tindall, 455 F.3d 885 (8th Cir. 2006) (constructive possession through control of vehicle)
- United States v. Lacey, 219 F.3d 779 (8th Cir. 2000) (weight-of-the-evidence standard for new-trial motions)