United States v. Montieth, No. 10-4264
Decided Dec. 5, 2011
Appellant Kwan Montieth was convicted of using and carrying a firearm in relation to a drug trafficking crime. Montieth appeals from the district court’s denial of his motion to suppress physical evidence recovered in the search of his residence and statements he made to the police. The Fourth Circuit affirmed the district court’s judgment. The Court found that the search warrant was issued based on probable cause supplied by the warrant affidavit. The affidavit stated that a trash pull at Montieth’s revealed extensive evidence of marijuana trafficking and bills addressed to Montieth, corroborating that the trash belonged to him. The affidavit also described with particularity the residence to be searched and the items expected to be seized. The Court also was unpersuaded by Montieth’s claims that the traffic stop and detention violated the Fourth Amendment, and found that it was a valid Terry stop. Further, Montieth’s admission that he had marijuana at his house before he was told his Miranda rights was admissible under Rhode Island v. Innis.
-Sara I. Salehi