CA4: Trash pull provided PC for SW and RS for stop of car

A trash pull at defendant’s house produced extensive evidence of marijuana trafficking for a search warrant, and that, in turn, provided reasonable suspicion for a stop of defendant’s car as he was leaving his house before execution of the search warrant. Then officers smell marijuana in the car. United States v. Montieth, 662 F.3d 660 (4th Cir. 2011):

… In United States v. Taylor, 857 F.2d 210 (4th Cir. 1988), we held that under the circumstances presented, a narcotics search warrant furnished the reasonable suspicion necessary to conduct an investigative stop of the appellants, whose suspected drug trafficking was the target of the warrant.

As in Taylor, the officers here “possessed a search warrant based upon probable cause to believe that appellant[ ] [was] engaged in narcotics trafficking” and the stop likewise took place as appellant left his home where he was believed to keep narcotics and drug paraphernalia. Id. at 213. Moreover, the warrant in this case specified the defendant’s person, in addition to his residence, as subject to search for evidence of drug trafficking. Once the officers pulled Montieth over, the odor of marijuana emanating from his car offered further reason to suspect he was presently engaged in criminal activity and to support his confinement to the police car. Under these circumstances, the detention was valid under Terry.