US v. Moore: Moore was apprehended by Maryland police after running from an officer (who was interested in Moore because he might have been walking in public with an open beer). Moore tossed a package into a dumpster during his flight which contained $10,000 worth of cocaine. While Moore was in jail, his apartment was burglarized. A subsequent search (conducted pursuant to a warrant) uncovered drugs, paraphernalia, $45,000 in cash, and two guns. Moore was charged with multiple offenses, including possessing a firearm in connection with a drug trafficking crime. Just prior to closing arguments at his bench trial, Moore moved to suppress "all the tangible evidence" because the original officer who wanted to talk to Moore lacked reasonable suspicion to make a Terry stop. The district court denied the motion and convicted Moore on all counts. He was sentenced to 271 months in prison.
Moore appealed both the denial of his motion to suppress and his firearm conviction, but the Fourth Circuit rejected his arguments. On the suppression issue, the court noted that Rule 12 of the Rules of Criminal Procedure requires such motions to be made before trial and the failure to do so waives the ability to file such motions unless "good cause" is shown. The court concluded that the district court found no good cause to excuse waiver and there was none in this case, rejecting the argument that it was based only on evidence that came to light at trial. On the firearm conviction, the court found there was sufficient evidence to demonstrate a nexus between the firearm and a drug trafficking offense.