Background
Deputy Nicholas Danielski pulled over Antoine Gaither for failing to stop at a stop sign. Before exiting his patrol car, the deputy smelled burnt marijuana coming from Gaither’s vehicle. He ordered Gaither out of the car, and after Gaither refused for nearly seven minutes, the deputy arrested him for obstruction. A search of the vehicle revealed an open container of alcohol and marijuana. A loaded handgun was later found on Gaither’s person. Gaither moved to suppress the handgun, arguing the search violated the Fourth Amendment, but the district court denied the motion. Gaither pleaded guilty to being a felon in possession of a firearm and appealed the denial of his suppression motion.
The court’s reasoning
The court affirmed the district court’s decision. First, the court held that officers may always order drivers out of their cars during a lawful stop, citing Pennsylvania versus Mimms. The court found the stop was lawful and could be prolonged based on the reasonable suspicion of criminal activity provided by the smell of marijuana. Second, the court rejected Gaither’s challenge to the probable cause finding, noting that credibility determinations are unreviewable on appeal. The court accepted the deputy’s testimony that he smelled burnt marijuana, which established probable cause for a warrantless search under the automobile exception.
officers may always order drivers out of their car during a lawful police stop
United States v. Fellmy, 165 F.4th 501, 505 (6th Cir. 2026)
What it means going forward
This decision reinforces the authority of law enforcement to order drivers out of vehicles during traffic stops and confirms that the odor of marijuana alone can establish probable cause for a vehicle search in the Sixth Circuit.