United States of America v. Andre Whitlow

Cleveland, Ohio criminal defense lawyer represented the Defendant charged with the being a felon in possession of a firearm.



Around 2:30 in the morning, Andre Whitlow was driving his mother's car. Officer

Thomas Kazimer observed Whitlow driving and decided to run a registration check on his

vehicle. The officer learned that the car's license plate was expired and pulled Whitlow over.

As Whitlow was gathering his license, registration, and insurance, Officer Kazimer asked

if Whitlow had anything illegal in the vehicle. Whitlow said, "no.” But Officer Kazimer

observed loose bits of marijuana scattered across the gear shifter in the center console of the car.

So, he followed up his first question by asking Whitlow if he had any marijuana. Whitlow shook

his head no.



Based on his observations, Officer Kazimer decided to search the car. But before he

started searching, he ordered Whitlow out of the car and patted him down. While searching

Whitlow, Officer Kazimer found a bag of marijuana. Whitlow then acknowledged that there was

marijuana in the car, but he told Officer Kazimer that he had a "weed license.” R. 30, Pg. ID

107.



After a backup officer arrived, the two officers searched the car. As one officer was

searching the front glove compartment, the compartment suddenly fell out. Two firearms were

hidden in a cavity behind the glove compartment: a tan Glock handgun with an extended

magazine and a Ruger handgun. The officers then arrested Whitlow.



* * *



The Fourth Amendment generally requires police to obtain a search warrant before

performing a search. But law enforcement officers may search a vehicle without a warrant if

they have probable cause to believe it contains evidence of a crime. See United States v.

Galaviz, 645 F.3d 347, 355 (6th Cir. 2011). Probable cause is not a difficult standard to meet; it

only requires a "fair probability” that an officer will find contraband or evidence of a crime.

United States v. Sanders, 106 F.4th 455, 461 (6th Cir. 2024) (en banc) (quotation omitted). And

in determining whether a fair probability exists, we look at the totality of the circumstances

"through the common-sense lens of ordinary people, not the technical lens of trained lawyers.”

United States v. Sheckles, 996 F.3d 330, 337 (6th Cir. 2021).

Affirmed