United States v. McCarthy

FERREN, Associate Judge:

The trial court granted appellees’ motion to suppress statements and tangible evidence on the ground that a warrantless seizure of marijuana and a gun from the passenger compartment of an automobile violated their Fourth Amendment rights. We conclude that the court erred in granting the motion because it relied on only one of several relevant factors for its determination that the police officers lacked probable cause. Accordingly, we reverse the suppression order. 1

I

Appellees, Milton Alston and Dorothy McCarthy, were charged with carrying a pistol without a license,…