U.S. v. Velazquez

In prosecution on drug distribution charge, Dist. Ct. did not err in denying defendant’s motion to suppress drugs seized from suitcase that defendant had placed in bed of his pickup truck parked in driveway of his home, even though said seizure was accomplished without warrant and while defendant had been placed under surveillance by police. Defendant conceded that police had probable cause to believe that he was in process of committing drug offense at time of seizure. Moreover, at time of seizure, reasonable police officer could have relied on Hines, 449 F.3d 808, to support said seizure, where Hines permitted officers to seize suitcase without warrant under automobile exception to warrant requirement, where there was probable cause to believe that vehicle contained contraband or evidence of crime. Fact that U.S. Supreme Ct., in Collins, 138 S.Ct. 1663, subsequently casts doubt on continued viability of Hines does not require different result.