Traffic stop may be extended for drug investigation under totality of circumstances even if no single factor provides sufficient reasonable suspicion

SEARCH & SEIZURE/SENTENCING United States v. Karam, No. 06-8056, ___ F.3d ___ (10th Cir. Aug 8, 2007)(Wyoming). Appeal of conviction and sentence for possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). HELD: (1) Where highway patrol officer’s suspicion that new and neatly packed cardboard boxes on seat of car contained drugs, but that suspicion was based on single anecdote involving drug stop made by another officer, officer’s suspicion was wholly subjective and therefore irrelevant to reasonable suspicion determination. Nevertheless, while neither cardboard boxes, nor any other factor relied on by officer, was sufficient by itself to provide sufficient reasonable suspicion for extended traffic stop, under totality of circumstances, all factors considered together provided sufficient basis. (2) District court properly applied career offender provision of USSG § 4B1.2(b) that requires sentence enhancement if defendant has at least two prior felony convictions for offenses involving distribution of controlled substance because defendant’s Ohio conviction for trafficking in marijuana was correctly classified as controlled substance distribution offense. Read the opinion here.