Monday, February 01, 2021

Probable Cause to Arrest Where Multiple Passengers Disclaim Drugs In Car

 US v. Myers: Myers was the only passenger in a vehicle that was stopped for speeding and due to an overly aggressive window tint. In truth, the car (and Myers) was followed because an officer surveilling a bus stop that was a known locus for drug trafficking saw him get into the car and, based on the car’s travel thereafter, suspected he was involved with drugs. A search of the car uncovered drugs, a firearm, and cell phones. The driver admitted that the gun and phones were his, but both he and Myers disclaimed ownership of the drugs. Both were arrested and Myers was eventually convicted of drug conspiracy and sentenced to 75 months in prison.

On appeal, the Fourth Circuit affirmed. Myers argued that his arrest violated the Fourth Amendment because the officer lacked probable cause. The court relied on the Supreme Court's decision in Pringle, where the court held that when the occupants of a vehicle disclaim ownership in contraband found in the vehicle an officer can conclude that they are working in concert and has probable cause to arrest any (or all) of them. The court rejected Myers' attempt to distinguish Pringle on the grounds that the driver in this case claimed ownership of some of the things in the car and, therefore, it was more likely that the drugs belonged to him, rather than Myers.

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