8th Cir.

United States of America v. Timothy McGraddie Drake

June 8, 2026 ·24-3332 ·Panel Decision · By James Taylor

The Eighth Circuit affirmed the denial of Timothy Drake's motion to suppress evidence obtained during a traffic stop. The court found that the officer had probable cause to search the vehicle based on the odor of marijuana and Drake's behavior.

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Background

Timothy Drake was indicted for possession with intent to distribute methamphetamine after a traffic stop. He moved to suppress the evidence, arguing the search violated the Fourth Amendment. The district court denied the motion, and Drake appealed.

The court’s reasoning

The court concluded that the strong odor of marijuana and Drake’s evasive behavior provided probable cause for the search under the automobile exception. Despite the legality of recreational marijuana in Missouri, operating a vehicle under its influence is not legal.

Considering the strong odor of marijuana Officer Perkins smelled coming from Drake’s vehicle, as well as his evasive and erratic behavior during the stop, we conclude Officer Perkins could have reasonably believed he would discover evidence that Drake had operated a motor vehicle while under the influence of marijuana by searching his car.

What it means going forward

The decision upholds the ability of law enforcement to search vehicles based on probable cause derived from the odor of marijuana and observed behavior.