DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193068P.pdf 03/05/2021 United States v. Chimanga Smith
U.S. Court of Appeals Case No: 19-3068
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Kelly, Author, with Colloton and Melloy, Circuit Judges]
Criminal case - Criminal law. Officers had probable cause to stop
defendant's vehicle because its plates were registered to a different
vehicle; defendant's earlier flight from officers made it reasonable for
the officers to box his car in when they spotted it at a gas station;
defendant's failure to comply with police orders and his furtive actions
gave officers grounds to handcuff him and his earlier flight and admission
he had fled gave officers probable cause to arrest him; after defendant
was arrested, the fact that a handgun was in plain view and the car
smelled of burnt marijuana gave officers probable cause to search the
vehicle and seize the gun; shining a flashlight into the car did not
violate the Fourth Amendment; on the facts of the case, the district court
did not err in denying defendant's request for a lesser-included
instruction on simple possession of methamphetamine.