United States v. Jonathan McDonald
United States v. Jonathan McDonald
Opinion
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 99-4897 JONATHAN MCDONALD, Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria.
Leonie M. Brinkema, District Judge. (CR-99-382) Submitted: May 31, 2000 Decided: June 16, 2000 Before MURNAGHAN, MICHAEL, and TRAXLER, Circuit Judges. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL Douglas A. Steinberg, Alexandria, Virginia, for Appellant. Helen F.
Fahey, United States Attorney, Nicholas R. Koberstein, Special Assis- tant United States Attorney, Alexandria, Virginia, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
OPINION PER CURIAM: Jonathan McDonald was convicted on his conditional guilty plea of misdemeanor possession of heroin in violation of 21 U.S.C. § 844 (1994). A United States Park Police officer arrested McDonald in a parking area by the George Washington Memorial Parkway. The offi- cer discovered a small quantity of heroin during a search of McDon- ald's vehicle. In this appeal, McDonald assigns error to the district court's order affirming the magistrate judge's denial of his motion to suppress the fruits of that search. See Fed. R. Crim. P. 11(a)(2). Find- ing no error in the district court's order, we affirm.
We review de novo the district court's finding of probable cause to search McDonald's vehicle. See Ornelas v. United States, 517 U.S. 690, 691 (1996); United States v. Wilhelm, 80 F.3d 116, 118 (4th Cir. 1996). After a thorough review of the record, we find that the evi- dence before the magistrate judge sufficiently demonstrated that the officer had ample evidence "to warrant a prudent[person] in believ- ing that the [defendant] had committed or was committing an offense." Beck v. Ohio, 379 U.S. 89, 91 (1964). Despite the fact that none of pieces of evidence the officer observed leading up to his deci- sion to search the car were in and of themselves illegal, we recognize that there are "circumstances in which wholly lawful conduct might justify the suspicion that criminal activity was afoot." Reid v. Geor- gia, 448 U.S. 438, 411 (1980) (per curiam). There was no error in the district court's order affirming the magistrate judge's finding of prob- able cause to search the vehicle. See Pennsylvania v. Labron, 518 U.S. 938, 940 (1996).
Accordingly, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
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