2½ hour detention while seeking search warrant for vehicle is reasonable where officers already had probable cause for warrantless search

SEARCH & SEIZURE United States v. Cantu, No. 04-3291, ___ F.3d ___(10th Cir. May 6, 2005)(Kansas). Appeal of district court’s denial of motion to suppress drug evidence and resulting conviction for possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a) and (b)(1)(B). HELD: Where defendant had been under surveillance for over a week based on tip from anonymous confidential informant and circumstances occurring on night of search (i.e., suspicious actions at self-service storage facility) were nearly identical to those just over a week earlier that led to arrest for marijuana possession, police had probable cause for immediate warrantless search of defendant’s vehicle. However, by detaining defendant and seeking warrant, rather than conduct warrantless search, officers displayed respect for defendant’s privacy. Accordingly, two-and-one-half hour detention was reasonable while officers sought warrant. Read the opinion here.