U.S. v. Chang

Dist. Ct. did not err in denying defendants' motion to suppress drugs and firearm found in defendants' vehicle after officer came up to defendants on side of road, where defendants' vehicle appeared to be stuck in snow. Record showed that: (1) officer had reason to suspect that driver had committed traffic violation; (2) officer thereafter searched defendants' license and criminal histories and learned that both defendants were currently under court-ordered supervision for drug convictions; (3) officer asked for and received permission to perform pat-down search of both defendants; (4) officer uncovered counterfeit-detecting pen light, set of keys, gun safe with small plastic bag sticking out of corner that was found under shirt of one defendant, as well as small knife concealed in bra of same defendant; (5) officer thereafter looked in vehicle and saw razor-blade stuck in piece of cardboard and small plastic bottle that officer believed incorrectly had contained drugs. As such, officer had reasonable suspicion to justify initial stop and questioning, and after consensual pat-down search and examination of car, had probable cause to open gun safe that contained drugs. Moreover, under Wisc. Statute, officer was allowed to search defendants' property due to defendants' status as individuals on court-ordered supervision, where he had reasonable suspicion that defendants had committed violation of criminal statute or condition of supervised release. Also, Dist. Ct. did not err in failing to admit co-defendant's statement indicating that she owned drugs and weapon found in other defendant's vehicle, where Dist. Ct. had reason to question trustworthiness of said statement, since c0-defendant had previously denied ownership of gun safe or its contents, and then later took responsibility for drugs, but not weapon.