U.S. v. Paige

In prosecution on firearm and drug distribution charges, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of drugs and firearm from his person and his vehicle, even though defendant argued that officer lacked probable cause to arrest him after defendant had been observed asleep for hour in McDonald’s drive-through lane. Officer had probable causer to arrest defendant for both marijuana possession and operating vehicle under influence, where officer was aware of report of defendant being asleep at wheel, and where officer, who smelled marijuana on defendant, did not believe defendant was answering her questions truthfully. As such, officer could search defendant, as well as his vehicle, because officer could reasonably believe that vehicle contained evidence of offense of arrest. Fact that defendant had been placed in police wagon at time of search of vehicle did not require different result. Also, officer had probable cause to search vehicle under automobile exception given existence of strong odor of marijuana.