Horn

MEMORANDUM ***

Appellant Phillip Roger Horn (“Appellant” or “Horn”) appeals the lower court’s denial of his motion to suppress bullets and a rifle seized when his car was searched incident to an undisputedly lawful traffic stop. He argues that the lower court misinterpreted the factual evidence and based its probable cause determination in part on its erroneous factual findings, and 2) the search and seizure occurred after Horn had been constructively arrested without probable cause. Because we agree with the district court that there was probable cause to search the vehicle, we affirm denial of the motion to suppress and do not reach Appellant’s constructive arrest argument.

Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. Considering the totality of the circumstances, Officer Rodgers had probable cause to search Appellant’s vehicle following his initial approach. Officer Rodgers had arrested Horn on weapons and drug charges in the past and knew Horn was a convicted felon. He observed Horn make a furtive movement to conceal something under his right leg. And he observed a baggy containing either what he believed…