United States of America, Appellee, v. Gary Lee Winters, Appellant.
No. 00-1246NI
United States Court of Appeals FOR THE EIGHTH CIRCUIT
Submitted: May 10, 2000 Filed: August 2, 2000
Before RICHARD S. ARNOLD and HEANEY, Circuit Judges, and SIPPEL, District Judge.
On Appeal from the United States District Court for the Northern District of Iowa.
Defendant Gary Lee Winters appeals from the District Court‘s2 denial of his motion to suppress evidence, arguing that an Iowa state trooper illegally entered his car,
At 8:00 a.m. on February 2, 1999, Rick Busch, an Iowa state trooper, observed the defendant driving his Chevy Camaro 86 miles per hour on icy roads in a 55-mile-per-hour speed zone. Trooper Busch turned on his flashing lights and pursued the defendant. The defendant continued for several hundred yards. The defendant turned into a farmyard driveway, drove his car into a snow bank, got out of the car, and started walking away from his car and toward the farmhouse. Trooper Busch, using a loudspeaker, told the defendant to stop. When the defendant stopped, Trooper Busch asked for the defendant‘s license, registration, and proof of insurance. The defendant informed the trooper that his license had been suspended. Trooper Busch permitted the defendant to go back to his car to search for his vehicle registration and certificate of insurance.
The defendant frantically searched for his papers on the driver‘s side of the Camaro, where at one point his hands disappeared under the driver‘s seat of his car. The defendant kept the driver‘s side door open while he went around the car to the passenger‘s side and did a similar search for his documentation. The defendant told the state trooper that he had no car insurance, but he continued looking through his car. On the passenger‘s side of the car, the defendant had access to a baseball bat and soft-sided attaché case. Trooper Busch cautioned the defendant about reaching under the passenger seat and then put his head inside the open driver‘s-side door of defendant‘s car.
With his head inside the car, the state trooper smelled raw marijuana. The defendant could not find the requested paperwork. Trooper Busch directed the defendant to sit in the car with his hands on the steering wheel and in plain view while
Because of the cold weather, Trooper Busch had the defendant‘s car taken to a service station to complete the search, which was done with the assistance of another officer and a police dog. The dog alerted the officers to the left rear quarter panel of the car. This search recovered a large quantity of amphetamine, an unknown white powdery substance, marijuana, and two loaded hand-guns, which were located in the locked trunk of the defendant‘s car. As a result of the traffic stop, officers searched the defendant‘s home pursuant to a search warrant. The search of defendant‘s home revealed additional quantities of amphetamine and marijuana, as well as an SKS assault rifle. The total quantity of drugs were determined to be 36.66 grams of methamphetamine, 380.39 grams of amphetamine, 9.79 grams of cocaine, and 1,046.4 grams of marijuana. The defendant was indicted on four drug-related counts and one count of carrying a firearm in connection with a drug-trafficking crime.
The defendant filed a motion to suppress the evidence seized from his car and home. An evidentiary hearing was held, wherein the Magistrate Judge bifurcated the inventory-search issues and restricted the hearing to issues related to Trooper Busch‘s entry into the defendant‘s car. After the evidentiary hearing, the Magistrate Judge3
The trooper had probable cause to stop the defendant‘s car because of the defendant‘s speeding, which is uncontested. It was also valid for the trooper to request the defendant‘s driver‘s license, registration, and proof of insurance. See United States v. Ramos, 42 F.3d 1160, 1163 (8th Cir. 1994). The finding of a legitimate concern for safety based on these facts is not clearly erroneous. During an investigative stop, an officer can take steps reasonably necessary to protect his personal safety and to maintain the status quo. United States v. Beck, 140 F.3d 1129, 1134 (8th Cir. 1998). The defendant left the driver‘s side door open, and the trooper placed his head just inside. Trooper Busch then smelled raw marijuana. This created probable cause to search the car and its containers for drugs. United States v. McCoy, 200 F.3d 582, 584 (8th Cir. 2000). It was not, therefore, error for the Court to deny the defendant‘s motion to suppress.
We affirm the judgment of the District Court.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.