U.S. v. Kizart

In prosecution on drug distribution charge arising out of seizure of drugs found in defendant’s trunk following traffic stop, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of said drugs. Record showed that: (1) officer smelled burnt marijuana upon approach to defendant’s car; (2) officer searched inside of car and found no marijuana; (3) when officer asked defendant how to open trunk, defendant looked shocked and officer became suspicious about what was in trunk; and (4) officer removed keys from ignition and opened trunk, where officer found bags of marijuana and methamphetamine. While defendant argued that smell of marijuana in passenger compartment of car did not give officer probable cause to search trunk, Ct. of Appeals found that smell of marijuana and defendant’s reaction and behavior when officer asked him about trunk gave officer probable cause to search trunk.