192055P.pdf   07/10/2020  United States  v.  Maurice Freeman
   U.S. Court of Appeals Case No:  19-2055
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Smith, Author, with Colloton and Stras, Circuit Judges] 
   Criminal case - Criminal law. Officers were executing a search warrant at 
   a home searching for a bank robber when they walked by defendant's 
   vehicle, which was parked in the immediate vicinity of the house, and 
   smelled marijuana; the officers had previously observed the bank robbery 
   suspect interact with the occupants of the car; the officers detained 
   defendant and seized a weapon from the car; in sum, the court finds 
   defendant's initial detention was permissible under the Supreme Court's 
   decision in Michigan v. Summers, 452 U.S. 692 (1981); the officers' brief 
   detention of the car's passengers and their approach to the car were 
   constitutionally permissible; during that approach to the car the officers 
   developed probable cause because of the smell of marijuana and defendant's 
   furtive movements; as a result, the brief seizure of defendant and 
   subsequent search of the car based on probable cause was constitutional, 
   and the district court did not err in denying defendant's motion to 
   suppress. Judge Stras, concurring in the judgment.