Apeland

MEMORANDUM **

Police stopped a weaving truck driven by Troy Apeland but, rather than finding an intoxicated driver, they eventually discovered approximately 100 kilograms of marijuana. Apeland filed a motion to suppress the marijuana that the district court denied and he pleaded guilty to one count of possessing with the intent to distribute marijuana, 21 U.S.C. § 841 (a)(1). The plea agreement, however, preserved his right to appeal the denial of his suppression motion. We determine that the stop and detention of Apeland were reasonable, and thus affirm the conviction.

I.

Apeland’s troubles began when the traffic on Interstate 5, near Zamora, California, slowed. California Highway Patrol Officer Scott Worley, accompanied in his patrol car by Sergeant Ryan Houdeshell, observed Apeland’s truck weaving and, suspecting that Apeland was under the influence of drugs or alcohol, stopped the truck.

Sergeant Houdeshell testified during a suppression hearing that he noticed the “strong odor of what appeared to be air freshener coming from within the vehicle, and it’s an overpowering amount[.]” As Apeland exited the truck he was, according to Houdeshell, “very nervous and staggering[.]”…