445 F. App'x 311
11th Cir.2011Background
- Johnson and Fenn drove in Johnson's car; Fenn had an outstanding felony arrest warrant.
- Police followed after receiving a dispatch about Fenn's presence; Officer McLendon pursued, Johnson ran a stop sign and stopped after 100–200 yards.
- Fenn was arrested; McLendon searched Johnson's car and found a handgun and a black bag with marijuana in the trunk.
- Johnson moved to suppress the search; a magistrate judge held probable cause supported the search; the district court adopted the R&R and denied suppression.
- Dr. Doty testified that weather and packaging could impede odor of marijuana; the district court found McLendon credible and adopted the R&R; Johnson was convicted on related charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause for vehicle search | Johnson argues odor testimony is unreliable under conditions. | McLendon testified he smelled raw marijuana, establishing probable cause. | Probable cause supported the search;车affirmed |
Key Cases Cited
- United States v. Tobin, 923 F.2d 1506 (11th Cir. 1991) (odor of marijuana supports probable cause for warrantless search)
- United States v. Lueck, 678 F.2d 895 (11th Cir. 1982) (odors can establish probable cause)
- United States v. Lindsey, 482 F.3d 1285 (11th Cir. 2007) (automobile exception requires probable cause for a vehicle search)
- United States v. Watts, 329 F.3d 1282 (11th Cir. 2003) (mobility prerequisite for automobile exception)
- United States v. Ramirez-Chilel, 289 F.3d 744 (11th Cir. 2002) (credibility determinations reviewed for clear error)
- United States v. Bautista-Silva, 567 F.3d 1266 (11th Cir. 2009) (mixed question of law and fact in suppression appeals)