Filed: Mar. 17, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-3805 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Kevin L. Cotton, * [UNPUBLISHED] * Appellant. * _ Submitted: March 11, 2003 Filed: March 17, 2003 _ Before McMILLIAN, FAGG, and LOKEN, Circuit Judges. _ PER CURIAM. Kevin L. Cotton was driving a vehicle that was pulled over by a Nebraska State trooper for having oversize tires not covered by the fender
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 02-3805 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Kevin L. Cotton, * [UNPUBLISHED] * Appellant. * _ Submitted: March 11, 2003 Filed: March 17, 2003 _ Before McMILLIAN, FAGG, and LOKEN, Circuit Judges. _ PER CURIAM. Kevin L. Cotton was driving a vehicle that was pulled over by a Nebraska State trooper for having oversize tires not covered by the fender o..
More
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 02-3805
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Kevin L. Cotton, * [UNPUBLISHED]
*
Appellant. *
___________
Submitted: March 11, 2003
Filed: March 17, 2003
___________
Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.
___________
PER CURIAM.
Kevin L. Cotton was driving a vehicle that was pulled over by a Nebraska State
trooper for having oversize tires not covered by the fender or mud flaps, and a
defective brake light. After the trooper approached the vehicle, Cotton’s passenger
opened his door to provide identification and the trooper smelled a strong odor of
burnt marijuana. The trooper searched the vehicle and discovered crack cocaine in the
center console. Cotton pleaded guilty to possessing cocaine base (crack cocaine) with
the intent to distribute, 21 U.S.C. §§ 841(a)(1), (b)(1) (2000), and the district court*
sentenced Cotton to sixty-five months in prison. Cotton appeals the district court’s
denial of his motion to suppress the crack cocaine as evidence resulting from an
unconstitutional traffic stop and search. Because “[a]ny traffic violation, however
minor, provides probable cause for a traffic stop,” United States v. Bloomfield,
40
F.3d 910, 915 (8th Cir. 1994) (en banc), and because an officer who smells burnt
marijuana coming from a vehicle has probable cause to search the vehicle for drugs,
United States v. Peltier,
217 F.3d 608, 610 (8th Cir. 2000), we agree with the district
court that neither the stop nor the search were unconstitutional. The district court
properly denied Cotton’s motion to suppress the crack cocaine as evidence at his trial.
We thus affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
*
The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
-2-