In U.S. v. Nunez, No. 04-14995 (July 11, 2006), the Court reversed the district court’s grant of suppression of evidence, finding that "reasonable suspicion" supported the police’s stop of a vehicle found to contain marijuana.
A police officer was conducting surveillance of a residence in Cape Coral, Florida, believed to be a marijuana grow house. He was told that a search warrant had been obtained for this residence, to search for marijuana. The officer observed Nunez carry a black garbage bag from the residence into a vehicle parked outside the residence. Later, the truck drove away. The officer stopped it, and smelled cannabis. The black garbage back contained 7.4 pounds of marijuana.
The officer had reasonable suspicion for the stop, the Court held, noting that the officer had reason to believe the bag, coming from a suspected marijuana grow house, which was under surveillance, contained marijuana or related contraband.
