United States v. Pierce Brown, 677 F. App'x 827

Brown was convicted of possession of a firearm by a convicted felon after officers searched his moped and found the gun.
Officer searched Brown’s person and recovered a small amount of marijuana; Brown appeared unusually nervous and was in an area known for drug trafficking.
The district court denied Brown’s motion to suppress the firearm, finding probable cause to search the moped based on the totality of circumstances.
Brown appealed, arguing the officer lacked probable cause to search the moped and that nervousness plus a small quantity of marijuana were insufficient.
The court of appeals reviewed factual findings for clear error and legal conclusions de novo, construing evidence in the light most favorable to the Government.
The district court also found an alternative basis (inevitable discovery via inventory), but the court of appeals resolved the case on the probable-cause ground and did not reach towing/inventory procedure challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Probable cause to search the moped	Brown: small amount of marijuana and general nervousness do not establish probable cause to search the vehicle; Baker should be limited to strong indications of drug trafficking	Government: marijuana on occupant, nervous behavior, and high-crime location create a fair probability of more contraband in the moped	Court: Held probable cause existed under the totality of the circumstances; search was lawful
Validity of inventory/towing as alternative basis	Brown: towing violated police procedure so inevitable-discovery/inventory rationale fails	Government: district court found the gun would have been inevitably discovered during an inventory of the moped	Court: Declined to decide because probable cause independently justified the search

United States v. Blake, 571 F.3d 331 (4th Cir.) (standard of review for suppression rulings)
United States v. Uzenski, 434 F.3d 690 (4th Cir.) (construe suppression evidence in Government’s favor when district court denies motion)
California v. Acevedo, 500 U.S. 565 (1991) (automobile-search exception to warrant requirement)
California v. Carney, 471 U.S. 386 (1985) (vehicle exception applies to movable, government-licensed vessels)
Maryland v. Dyson, 527 U.S. 465 (1999) (if vehicle is mobile and probable cause exists, police may search without more)
Illinois v. Gates, 462 U.S. 213 (1983) (probable cause assessed by totality of circumstances)
United States v. Ross, 456 U.S. 798 (1982) (scope of vehicle search defined by object and places where evidence may be found)
United States v. Baker, 719 F.3d 313 (4th Cir.) (contraband found on recent vehicle occupant can supply probable cause to search vehicle)
United States v. Palmer, 820 F.3d 640 (4th Cir.) (detection of marijuana odor can establish probable cause)
United States v. Johnson, 383 F.3d 538 (7th Cir.) (drugs found on person can give probable cause to search vehicle trunk)
United States v. Parker, 72 F.3d 1444 (10th Cir.) (marijuana smell combined with corroborating evidence supplied probable cause)
United States v. Wald, 216 F.3d 1222 (10th Cir.) (nervousness is of limited significance alone)