United States v. Bernardino Homero Tapia

FAY, Circuit Judge:

Defendant-appellant Bernardino Tapia was convicted by a jury on one count of unlawful possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), after the trial judge refused to suppress evidence obtained by police from a warrantless investigatory stop and extensive search of the vehicle in which appellant was a passenger. Appellant challenges his conviction by contending that the search of the vehicle violated the fourth amendment because police lacked probable cause and exceeded the permissible limits of an investigatory stop articulated in…