Davis v. United States

STEADMAN, Associate Judge:

Appellant was stopped by police and found in possession of drugs on two separate occasions in November 1997. 1 Appellant challenges the trial court’s denial of his motions to suppress the evidence for both days on the ground that his Fourth Amendment rights were violated. We hold that the trial court correctly found probable cause for the November 3 arrest and resultant search, but that on the record here, the motion to suppress should have been granted with respect to the November 8 stop. 2

I. Facts

At the pretrial hearing on appellant’s motions to suppress, the…