Case Explained: Non-Argument Calendar UNITED STATES OF AMERICA v. NICHOLAS P. SMITH

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-02

Docket: 2:24-cr-00014-SPC-NPM-1

The eleventh-circuit affirmed Nicholas P. Smith’s conviction for possession of fentanyl with intent to distribute under 21 U.S.C. § 841(a)(1) and (b)(1)(C), ruling that the district court correctly denied his motion to suppress evidence found during a traffic stop and subsequent search. The court applied a mixed question of law and fact standard of review, examining factual findings for clear error and legal conclusions de novo. The court held that officers had probable cause to initiate the traffic stop because they observed Smith violating Florida statutes by stopping in a crosswalk and running a red light. Regarding the vehicle search, the court determined the automobile exception applied; a K-9 dog alerted to narcotics inside the vehicle, establishing probable cause to search the readily mobile car without a warrant. The court further found the stop was not unreasonably prolonged, as the canine alert occurred within three and a half minutes of the stop’s initiation. Finally, the court concluded that the recognizable smell of marijuana, combined with Smith’s behavior, the K-9 alert, and visible “shake” found in the vehicle, provided sufficient probable cause for the arrest and search that led to the discovery of fentanyl on Smith’s person. The court also declined to address a request to certify a question regarding Florida crosswalk laws, as it was raised for the first time in a reply brief. As a result of this decision, Smith’s conviction stands, and he remains subject to his 65-month prison sentence imposed by the district court.

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