United States Fifth Circuit

Defendant's convictions for possession with intent to distribute 17.91 pounds of marihuana in violation of 21 U.S.C. section 841(a)(1) and using, possessing, and carrying a Luger pistol during, in relation to, and in furtherance of a drug trafficking crime in violation of 18 U.S.C. section 924(c)(1), are affirmed where: 1) it was permissible for the police ask a passenger like defendant to identify himself and to run computer checks on his driver's license; 2) the police did not have to observe the equivalent of direct evidence of a particular specific crime in order to detain a lawfully stopped individual to investigate where there is reasonable suspicion of criminal activity on his part; and 3) the length of the detention and the scope of the officer's investigation were reasonable in light of the facts creating the reasonable suspicion criminal activity.

Appellate Information

• Decided 07/15/2010
• Published 07/16/2010

Judges

• William L. Garwood

Court

• United States Fifth Circuit

Counsel