U.S. v. Peters

In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of evidence from car in which defendant was passenger. While defendant argued that officer lacked probable cause to stop said vehicle, Dist. Ct. could properly believe officer who stated that subject car was traveling at speed of between 60 and 64 m.p.h. and was traveling within two seconds of braking distance in violation of Indiana statute prohibiting cars from traveling too closely to another vehicle. Moreover, officer had probable cause to search defendant after he smelled burnt marijuana when defendant lowered car’s window and after he observed bits of marijuana in car. Fact that officer did not summon nearby police dog to confirm presence of marijuana in vehicle prior to conducting instant search did not require different result.