United States Fourth Circuit

The district court's grant of defendant's motion to suppress is reversed where 1) the police officers had probable cause to believe defendant was knowingly possessing cocaine, and 2) the officers had independent probable cause to believe that defendant's automobile was being used as an instrumentality of a crime.

Appellate Information

• Decided 12/29/2004
• Published 12/29/2004

Judges

• Before NIEMEYER and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:James Thomas Wallner, Special Assistant United States Attorney, Office Of The United States Attorney, Baltimore, Maryland, for Appellant.  Kenneth Wendell Ravenell, Schulman, Treem, Kaminkow & Gilden, P.A., Baltimore, Maryland, for Appellee. ON BRIEF:  Thomas M. DiBiagio, United States Attorney, Baltimore, Maryland, for Appellant.