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UNITED STATES v. GREEN (2021)

United States Court of Appeals, Fifth Circuit.2021-07-12No. No. 20-30621

Summary

Holding. The court affirmed the district court's denial of the motion to suppress, finding no clear error in the officer's credibility regarding the marijuana odor and no improper prolongation of the traffic stop.

Nacorvrick Green pleaded guilty to possessing a firearm and ammunition as a felon and received an 180-month sentence. On appeal, he challenged the district court's denial of his motion to suppress evidence obtained during a traffic stop that resulted in his arrest. The appellate court reviewed the district court's factual findings under a clear error standard and the legality of the police conduct independently. The court found no clear error in the district court's acceptance of the officer's testimony that he detected marijuana odor while completing the initial traffic stop's purpose. Given this finding and other factors supporting reasonable suspicion, Green failed to show that the officer improperly extended the duration of the stop.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether the district court clearly erred in crediting officer testimony about smelling marijuana during a traffic stop
  • Whether reasonable suspicion existed to extend the traffic stop
  • Standard of review for factual findings versus legal conclusions in suppression motions

Procedural posture

Green appealed the district court's denial of his motion to suppress evidence from a traffic stop that led to his felony conviction.

Authorities cited

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Opinion

Nacorvrick Green conditionally pleaded guilty, pursuant to a written plea agreement, to possession of a firearm and ammunition after felony conviction and was sentenced to 180 months of imprisonment. He argues that the district court erred in denying his motion to suppress evidence obtained during the traffic stop that led to his arrest.

On appeal from a district courts ruling on a motion to suppress, we review factual findings for clear error and the legality of police conduct de novo, viewing the evidence in the light most favorable to the prevailing party. United States v. Pack, 612 F.3d 341, 347 (5th Cir.), modified on other grounds on denial of rehg, 622 F.3d 383 (5th Cir. 2010). “Factual findings are clearly erroneous only if a review of the record leaves [us] with a definite and firm conviction that a mistake has been committed.” United States v. Hearn, 563 F.3d 95, 101 (5th Cir. 2009) (internal quotation marks and citation omitted). Whether the record demonstrates reasonable suspicion is a question of law that we review de novo. United States v. Jaquez, 421 F.3d 338, 341 (5th Cir. 2005). Credibility determinations are findings of fact reviewed for clear error. United States v. Alvarado-Zarza, 782 F.3d 246, 249 (5th Cir. 2015).

Contrary to Greens argument, the district court did not clearly err in crediting the detaining officers testimony that he smelled marijuana while in the process of completing the mission of the initial stop. In light of this and the other bases for reasonable suspicion relied upon by the district court, Green fails to demonstrate that the officer unduly prolonged his traffic stop. See Pack, 612 F.3d at 350-51.

AFFIRMED.

FOOTNOTES

FOOTNOTE

Per Curiam:*

FN* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.