United States v. Dalmacio Santos

MEMORANDUM

Dalmacia Ramirez Santos appeals his conviction for distribution of methamphetamine, possession of cocaine with intent to distribute, and possession of a firearm in furtherance of drug trafficking. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our decision. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The search of Santos’s truck was permissible under the “automobile exception” to the warrant requirement. United States v. Ross, 456 U.S. 798, 808-09 , 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982). The record amply supports the district court’s conclusion that Officer Murphy possessed probable cause to believe the vehicle contained contraband. Officer Murphy knew that Santos had just departed from a location that was the site of a drug trafficking investigation. Throughout the stop, Santos exhibited extreme nervousness. When Officer Murphy patted Santos down he felt a large bundle of cash in each of his pockets. Finally, as Officer Craig was handcuffing Santos, the truck’s passenger turned and made a lunging motion in an apparent attempt to reach something in the area behind the…