203467P.pdf   12/29/2021  United States  v.  Vernon Shumaker
   U.S. Court of Appeals Case No:  20-3467
   U.S. District Court for the Southern District of Iowa - Central   
   [PUBLISHED] [Chief Judge Smith, Author, with Gruender and Stras, Circuit 
   Judges] 
   Criminal Case - suppression. Shumaker claims officers lacked reasonable 
   suspicion to stop him because they could not have smelled marijuana while 
   driving behind him and if they did, they did not have a particularized 
   suspicion the marijuana was from his vehicle. After a hearing, with expert 
   testimony, the district court found the officers credibly testified that 
   they smelled burnt marijuana while driving behind Shumaker and concluded 
   officers had a reasonable particularized suspicion that the marijuana odor 
   emanated from Shumaker's car. The district court rejected Shumaker's 
   arguments that the officers failed to rule out other vehicles. Upon 
   review, the district court's finding are not clearly erroneous, as it was 
   based on the officers' consistent testimony, corroborating evidence, and 
   expert testimony. In addition, the totality of circumstances sufficiently 
   particularized the order to justify a stop. Thus the district court did 
   not err in denying the motion to suppress.