Professional Documents
Culture Documents
No. 11-4154
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston.
Thomas E. Johnston,
District Judge. (2:10-cr-00066-1)
Submitted:
November 7, 2011
Decided:
December 1, 2011
PER CURIAM:
Heywood Smith, IV, pleaded guilty to possession of a
firearm after sustaining convictions for misdemeanor crimes of
domestic violence, in violation of 18 U.S.C. 922(g)(6) (2006),
reserving his right to appeal the district courts denial of his
suppression
motion.
The
district
court
sentenced
Smith
to
Finding no
error, we affirm.
Smith argues on appeal that the district court erred
in denying his motion to suppress evidence seized after a dog
trained in narcotics detection alerted during an inspection of
his
vehicle
considering
following
ruling
on
traffic
a
stop
motion
to
for
speeding.
suppress,
we
In
review
2007)
denied
(citation
defendants
omitted).
When
suppression
the
motion,
district
we
court
construe
has
the
United
537 F.3d 328, 335 (4th Cir. 2008) (internal quotation marks and
citations
omitted).
sufficient
Observing
offending
justification
vehicle
traditional
for
as
incidents
of
(citations omitted).
may
request
for
traffic
police
long
a
as
officer
it
routine
violation
takes
to
to
traffic
provides
detain
the
perform
the
stop.
Id.
drivers
license
and
registration,
perform
citation.
Id.
(citation omitted).
officer
must
reasonable
either
suspicion
ensure
that
the
illegal
drivers
consent
activity
is
or
afoot.
an
inchoate
and
criminal activity.
unparticularized
suspicion
or
hunch
of
Courts
(4th
evidence
Cir.
1993)).
offered
commonsensical,
cognizant
of
to
Moreover,
demonstrate
focused
both
on
context
reasonable
the
and
[j]udicial
evidence
the
review
suspicion
as
particular
of
must
whole,
experience
the
be
and
of
Court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED