United States v. Sowards

Deputy James Elliott stopped Defendant Sean Sowards for speeding along North Carolina’s Interstate 77 after visually estimating that Defendant's vehicle was traveling 75 mph in a 70-mph zone. Although the deputy's patrol car was equipped with radar, he had intentionally positioned his patrol car at an angle that rendered an accurate radar reading impossible. During the traffic stop, Deputy Elliott had a canine trained in drug detection, Ringo, sniff the outside of Defendant's vehicle. When the dog signaled the possible presence of a controlled substance, Deputy Elliott, along with other officers, searched Defendant's vehicle and discovered approximately 10 kilograms of cocaine. Subsequently, a grand jury charged Defendant with possession of at least 5 kilograms of cocaine with intent to distribute. On appeal, Defendant argued that the district court erred in denying his motion to suppress because the police lacked probable cause to initiate a traffic stop based exclusively on the deupty's visual estimate --uncorroborated by radar or pacing and unsupported by any other indicia of reliability-- that Defendant's vehicle was traveling 75 miles per hour in a 70-mph zone. Upon review, the Fourth Circuit agreed and reversed the district court. View "United States v. Sowards" on Justia Law