United States v. Brown ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50365
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRELL MONTEZ BROWN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-99-CR-56-1
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February 13, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Darrell Montez Brown (Brown) appeals his conviction for
possession with intent to distribute cocaine in violation of 21
U.S.C. § 841(a). Brown challenges the district court's denial of
his motion to suppress. He argues the search of his vehicle was
unconstitutional because, inter alia, the trooper testified he
was not positive the odor he smelled was marijuana and because no
marijuana was found in the vehicle.
As noted in United States v. Reed, 882 F.2d 147, 149 (5th
Cir. 1989), the distinct odor of burnt marijuana, by itself, will
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 00-50365
-2-
provide probable cause to search a vehicle. Moreover, the
detection of the odor of marijuana justifies a search of the
entire vehicle, including locked compartments where contraband is
likely to be concealed. Id.As in Reed, "the resolution of this issue simply boil[s]
down to a credibility choice," and because the trooper repeatedly
testified that he believed the odor he smelled was marijuana, the
district court did not err in denying Brown's motion to suppress.
Reed, 882 F.2d at 149.
Neither is it relevant that the trooper did not ultimately
find marijuana in the vehicle. "It is not controlling that the
substance eventually discovered in the vehicle was cocaine, and
that no marihuana was ever found." Id. "It is settled that the
presence or absence of probable cause to search is not determined
by what the search does or does not ultimately reveal." Id.Brown's conviction is AFFIRMED.