Mazzella

MEMORANDUM **

Defendant Michael Niles Mazzella appeals his conviction for possession "with intent to distribute marijuana, challenging the district court’s denial of his motion to suppress evidence. On de novo review, we affirm.

First, the officers had probable cause to stop the van that Defendant was driving. The government presented evidence that drug smuggling was occurring near Koo Koo Boyd Road in northwestern Montana. For example, the officers had found a marked trail on a part of the road that is about 40 yards from the Canadian border and also had found duct tape, a water bottle, and carpet deodorizer, which typically is used to mask the odor of marijuana. After finding these indicia of smuggling, the United States Border Patrol placed a remote sensor to detect border crossings.

The sensor was tripped at about 3 a.m. on July 18, 2000. When agents went to investigate, they saw a man approach the highway from Koo Koo Boyd Road; after looking up and down the highway, he placed a soft-drink can on the side of the road, then hid in the bushes until a van arrived. The van slowed abruptly by the marker, turned onto Koo Koo Boyd Road where it drove with its headlights off,…