United States v. Williams

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The government appealed the district court's grant of defendant's motion to dismiss evidence of the crack cocaine in his pockets and the firearm in his vehicle. The court concluded that, based on the totality of the circumstances surrounding the stop, the officers had reasonable suspicion to briefly detain defendant and the district court erred in concluding otherwise; the officers had probable cause to arrest defendant and performed a valid search incident to arrest of defendant's person - which lawfully extended to the insides of defendant's pockets - after apprehending defendant for obstruction under Nevada Revised Statute 171.123; the court rejected defendant's contention that the government waived its argument that the officers had probable cause to arrest him for violating the Nevada statute; the government, having advanced its probable cause theory before the district court, is able to make a more precise argument on appeal as to why the officers had probable cause; and, in this case, the officers had probable cause to believe that evidence of contraband would be found in defendant's vehicle. Accordingly, the court reversed and remanded for further proceedings. View "United States v. Williams" on Justia Law