United States Fifth Circuit

Conviction for possession with intent to distribute and conspiracy to possess with intent to distribute cocaine is reversed where an initial stop of defendant's vehicle was an investigative stop based upon a reasonable suspicion of drug trafficking activity, not upon probable cause to arrest, and information obtained by police in a search of defendant's cell phone during the stop was subject to exclusion.

Appellate Information

• Decided 08/22/2008
• Published 08/25/2008

Judges

• DeMOSS, Circuit Judge:, Before SMITH, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lauretta Ann Drake (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S., Nancy M. Simonson (argued), Canales & Simonson, Corpus Christi, TX, Chris Flood, Flood & Flood, Houston, TX, for Luis Zavala.