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United States v. Majed Nassar

Citation: Not availableDocket: 08-1665

Court: Court of Appeals for the Eighth Circuit; November 6, 2008; Federal Appellate Court

Original Court Document: View Document

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Majed S. Nassar conditionally pled guilty to possession of marijuana with intent to distribute, violating 21 U.S.C. § 841(a)(1), and appealed the denial of his motion to suppress evidence obtained from his vehicle. The appeal was heard by the Eighth Circuit Court of Appeals, which upheld the district court's decision.

During a traffic stop for failing to signal, a Missouri State Highway Patrol sergeant questioned Nassar and requested consent to search his vehicle after approximately five minutes. Nassar complied, leading to the discovery of two large bags of marijuana in the trunk. The district court determined that the time taken for the stop was reasonable as the officer was still processing the warning.

The appellate court reviewed the legal conclusions de novo and factual findings for clear error. It affirmed that officers have probable cause to stop a vehicle for observed traffic violations and may conduct investigations related to the stop. While the officer's inquiry about Nassar’s destination was routine and within the scope of the stop, Nassar argued that the consent for the vehicle search was obtained during an unreasonable detention due to lack of reasonable suspicion. However, the court found this argument unfounded, noting that the officer was still engaged in processing the warning when consent was obtained, thus justifying the duration of the stop.

The Eighth Circuit ultimately affirmed the district court’s judgment, concluding that Nassar's consent was valid and the search was lawful.