Facts
Latorris Conley appeals his conviction of possession of a firearm and ammunition by a convicted felon, see 18 U.S.C. § 922(g)(1), and the resulting 70 months of imprisonment. Conley argues that the district court erred by denying his motion to suppress the evidence seized from the search of the vehicle he was driving, contending that Trooper Langley impermissibly extended the traffic stop. The 5th affirmed.
Analysis
At the suppression hearing, Trooper Langley testified that he smelled the odor of marijuana coming from the vehicle as soon as he made contact with Conley’s passenger, a mere two minutes into the traffic stop. When Trooper Langley smelled the odor of marijuana, he developed the necessary reasonable suspicion of additional criminal activity to extend the detention beyond the time it took to investigate Conley’s traffic offense.
See Reyes as well as United States v. Garcia, 592 F.2d 259 (5th Cir. 1979) (holding that reasonable suspicion “was supplied by the smell of the marijuana”); United States v. Arrasmith, 557 F.2d 1093 (5th Cir. 1977) (“The odor of marijuana provided probable cause, authorizing the search.”).
He therefore fails to establish that Trooper Langley violated the Fourth Amendment or that the court erred by denying his motion to suppress.
AFFIRMED.
https://www.ca5.uscourts.gov/opinions/unpub/22/22-30037.0.pdf