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Criminal Procedure keyed to Weinreb
United States v. Sharpe
Facts
A Drug Enforcement Administration (“DEA”) agent was patrolling an area known for drug trafficking in an unmarked car. The DEA agent saw a blue pick up truck with an attached camper shell driving along side a blue Pontiac on a highway. The Respondent, Savage (the “Respondent”) was driving the pickup and another Respondent, Sharpe (“Sharpe”) was driving the Pontiac. Davis (“Davis”) was also in the Pontiac. The DEA agent thought the truck was heavily loaded. The DEA agent followed the two vehicles for twenty minutes due to his suspicions. The DEA agent then decided to make an “investigative stop.” The DEA agent radioed the highway patrol for back up. After the cars were stopped, the agent smelled marijuana coming from the pick up truck. The DEA agent asked Sharpe to search the truck, but he would not consent and also said that the truck was owned by the Respondent. Sharpe also produced documents saying the Respondent owned the truck. Without seeking the Respondent’s perm ission to search the truck, the agent opened the rear of the camper and found multiple bales of marijuana. The Respondent was arrested and thereafter Sharpe and Davis were also arrested. About 30 or 40 minutes passed between the time the Pontiac was stopped and when the arrests actually occurred. The Respondent and Sharpe were charged with the possession of a controlled substance with intent to distribute. The Court of Appeals reversed the conviction. The Supreme Court of the United States reversed the conviction and remanded the case and the Court of Appeals again reversed the convictions.
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