United States Eighth Circuit

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US v. Hambrick, 10-1096

Defendant's conviction for possessing with intent to distribute at least five grams of cocaine base is affirmed where: 1) while the government concedes that some pretense existed surrounding the traffic stop at issue based on the suspended license due to the officers' reliance on the informant's tip, it is well-settled that any traffic violation provides a police officer with probable cause to stop a vehicle, even if the officer conducted the valid traffic stop as a pretense for investigating other criminal activity; and 2) the officers had probable cause to search the vehicle, irrespective of Gant, under the automobile exception.

Appellate Information

  • Decided 01/20/2011
  • Published 01/20/2011

Judges

  • Kermit M. Bye

Court

  • United States Eighth Circuit

Counsel