Eighth Circuit: United States v. Chimanga Smith

 

Traffic violation and subsequent flight established probable cause for stop and placing the driver in handcuffs.

Plain-view exception allows a police officer to shine a flashlight through the windshield after all of the suspects have left the car.

No error in declining to instruct on the lesser included offense of possession, as there was insufficient evidence probative of likelihood for individual use.

(Seven uses of "Cleaned Up" signal in nine page opinion.)


United States  v.  Chimanga Smith