Federal 7th Circuit Court
Criminal Court
Search and Seizure
In prosecution on drug conspiracy charge, Dist. Ct. did not err in denying defendant's motion to suppress statements elicited after defendant was arrested while conducting counter-surveillance for truck transporting large quantity of marijuana. While defendant argued that police lacked probable cause to stop and arrest him, police had probable cause to arrest defendant on drug conspiracy charge where, at time of arrest: (1) police had been aware that truck had recently been loaded with 500 kilograms of marijuana: (2) police viewed truck leave building with defendant's vehicle traveling approximately one car length behind; (3) both vehicles proceeded the same distance apart for approximately 20 minutes, making multiple turns and traveling in remote areas where it was unlikely to see two vehicles at same time; and (4) defendant was observed checking mirror, talking on mobile phone and looking back at unmarked police vehicle. Ct. also rejected defendant's claim that search of his vehicle after his arrest violated Gant, where Ct. found that it was reasonable to believe that evidence relevant to instant drug charge might be located in defendant's vehicle.