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Criminal Law-Possession with Intent to Distribute-Motion to Suppress Evidence-Traffic Stop
Staff Report//June 10, 2026//
Defendant appealed his conviction for possession with intent to distribute, challenging the denial of his motion to suppress evidence found during a traffic stop on grounds that the stop violated his Fourth Amendment rights.
Where operation of a motor vehicle while under the influence of recreational marijuana was still illegal under state law, the totality of the circumstances, including the strong odor of recently smoked marijuana and defendant’s evasive behavior, provided officers probable cause to believe they would discover evidence that defendant had operated his vehicle while intoxicated.
Judgment is affirmed.
U.S. v. Drake (MLW No. 84885/Case No. 24-3332 – 4 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Limbaugh, J.
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