United States v. Paul Richard Barry, 98 F.3d 373 (8th Cir. 1996). · Go Syfert
United States v. Paul Richard Barry, 98 F.3d 373 (8th Cir. 1996). Cases Citing This Book View Copy Cite
55 citation events (31 in the last 25 years) across 17 distinct courts.
Strongest positive: Ray v. New Mexico State Police (nmd, 2021-03-26)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) Ray v. New Mexico State Police
D.N.M. · 2021 · signal: cf. · confidence medium
See Titus v. Ahlm, 297 F. App’x 796, 798, 800 (10th Cir. 2008) (unpublished) (where the Court confirmed probable cause existed based on alcohol odor and the driver’s poor performance during field sobriety tests); cf. Carlsen v. Duron, No. 99-4065, 2000 WL 1205822 , at *4 (10th Cir. Aug. 24, 2000) (unpublished) (citing United States v. Barry, 98 F.3d 373, 377 (8th Cir. 1996)).
discussed Cited as authority (rule) James D. Cribbs v. State of Arkansas
Ark. Ct. App. · 2020 · confidence medium
In holding that the stop was valid, the Eighth Circuit stated, “‘[I]t is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.’” Thompson, 533 F.3d at 969 (citing United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996)).
discussed Cited as authority (rule) State of Tennessee v. David Rivera
Tenn. Crim. App. · 2020 · confidence medium
Consequently, Corporal Roskowski had probable cause to stop the Defendant based on his observation that the Defendant did not have two “red” taillights and two “red” stoplights on the rear of the vehicle, as required by Code section 55-9-402(b)(1), and that the Defendant’s right taillight was not in “good condition and operational,” as required by Code section 55-9-402(c). “‘It is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.’” Davis, 484 S.W.3d at 143 (quoting United States v. Barry, 98 F.3d 373, 376 (…
discussed Cited as authority (rule) State of Tennessee v. William Whitlow Davis, Jr.
Tenn. · 2016 · confidence medium
“It is well established that a traffic violation— however minor — creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)) (internal quotation marks omitted); see also State v. Berrios, 235 S.W.3d 99, 105 (Tenn.2007) (recognizing that, “[a]s a general rule, if the police have- probable cause to believe a traffic violation has occurred, the stop is constitutionally reasonable” (citing Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89…
discussed Cited as authority (rule) United States v. Thompson
8th Cir. · 2008 · confidence medium
With respect to the vehicle stop, *969 Thompson objects to the fact that Detective Hollocher did not see the traffic violation and instead relied on the report of the city officer. “ ‘[I]t is well established that a traffic violation-however minor-creates probable cause to stop the driver of a vehicle.’ ” United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996)).
discussed Cited as authority (rule) United States v. Hugo Thompson, Jr.
8th Cir. · 2008 · confidence medium
With respect to the vehicle stop, Thompson objects to the fact that Detective Hollocher did not see the traffic violation and instead relied on the report of the city officer. “‘[I]t is well established that a traffic violation-- however minor--creates probable cause to stop the driver of a vehicle.’” United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996)).
discussed Cited as authority (rule) United States v. Kelvin R. Lyons
8th Cir. · 2007 · confidence medium
Specifically, appellants contend that, upon giving Lyons the warning ticket, Trooper Brehm ended the traffic stop and was required to terminate the detention -4- because she had no reasonably articulable suspicion that either passenger was engaged in criminal activity. “[I]t is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir. 1993)).
discussed Cited as authority (rule) United States v. Kelvin R. Lyons, United States of America v. Michael C. Elma
8th Cir. · 2007 · confidence medium
Specifically, appellants contend that, upon giving Lyons the warning ticket, Trooper Brehm ended the traffic stop and was required to terminate the detention because she had no reasonably articulable suspicion that either passenger was engaged in criminal activity. “[I]t is well established that a traffic violation-however minor-creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)).
cited Cited as authority (rule) United States v. Torres-Monje
D.N.D. · 2006 · confidence medium
United States v. Linkous, 285 F.3d 716, 719 (8th Cir.2002) (citing United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir. 1993))).
discussed Cited as authority (rule) United States v. Karamoke M. Fuse
8th Cir. · 2005 · confidence medium
We have observed that “[i]t is well established that a traffic violation-however minor-creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)).
discussed Cited as authority (rule) United States v. Karamoke M. Fuse
8th Cir. · 2004 · confidence medium
We have observed that “[i]t is well established that a traffic violation–however minor–creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir. 1993)).
discussed Cited as authority (rule) United States v. Hephner
N.D. Iowa · 2003 · confidence medium
“It is well established that a traffic violation — however minor — creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir. 1993)).
discussed Cited as authority (rule) United States v. James Linkous
8th Cir. · 2002 · confidence medium
The government responds that the facts observed by Officer Dixon created a reasonable suspicion of criminal activity and justified further investigation and that the dog sniff did not violate the Fourth Amendment because it occurred within a short time after the van was pulled over and before the traffic stop had been completed. -3- We have previously observed that "[i]t is well established that a traffic violation – however minor – creates probable cause to stop the driver of a vehicle." United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (quoting United States v. Barahona, 990 F.2d …
discussed Cited as authority (rule) United States v. James Linkous
8th Cir. · 2002 · confidence medium
We have previously observed that “[i]t is well established that a traffic violation — however minor — creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)).
discussed Cited as authority (rule) United States v. Smith
A.F.C.C.A. · 2001 · confidence medium
Gillespie v. City of Indianapolis, 185 F.3d 693, 706 (7th Cir.1999), ce rt. denied, 528 U.S. 1116 , 120 S.Ct. 934 , 145 L.Ed.2d 813 (2000); Wilson, 159 F.3d at 286-87 ; United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Wells, 98 F.3d 808 , 811 (4th Cir.1996) (and eases cited therein).
discussed Cited as authority (rule) United States v. Jimmy L. Stuckey, Jr
8th Cir. · 2001 · confidence medium
See United States v. Holman, 197 F.3d 920, 921 (8th Cir. 1999); United States v. Crawford, 130 F.3d 1321 , 1322 n.1 (8th Cir. 1997); United States v. Barry, 98 F.3d 373, 378 (8th Cir. 1996); United States v. Bates, 77 F.3d 1101, 1104 (8th Cir. 1995); United States v. Shelton, 66 F.3d 991, 992 (8th Cir. 1995); United States v. Rankin, 64 F.3d 338, 339 (8th Cir. 1995); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir. 1995).
discussed Cited as authority (rule) United States v. Jimmy Lee Stuckey, Jr.
8th Cir. · 2001 · confidence medium
See United States v. Holman, 197 *530 F.3d 920, 921 (8th Cir.1999); United States v. Crawford, 130 F.3d 1321 , 1322 n. 1 (8th Cir.1997); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Bates, 77 F.3d 1101, 1104 (8th Cir.1996); United States v. Shelton, 66 F.3d 991, 992 (8th Cir.1995); United States v. Rankin, 64 F.3d 338, 339 (8th Cir.1995); United States v. Mosby, 60 F.3d 454, 456-57 (8th Cir.1995).
discussed Cited as authority (rule) United States v. Rodriguez-Arreola
D.S.D. · 2000 · confidence medium
The Eighth Circuit Court of Appeals has repeatedly stated “‘a traffic violation— however minor' — creates probable cause to stop the driver of a vehicle.’ ” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996), cert. denied, 519 U.S. 1140 , 117 S.Ct. 1014 , 136 L.Ed.2d 891 (1997).
discussed Cited as authority (rule) United States v. Harvey Lloyd Napier
6th Cir. · 2000 · confidence medium
So long as that gun has moved across state lines at least once, it is subject to the exercise of congressional Commerce Clause authority.”); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996) (§ 922(g)(1) constitutionally applied to a defendant who possessed a shotgun that had traveled in interstate commerce); United States v. Hanna, 55 F.3d 1456 , 1462 n. 2 (9th Cir. 1995) (“Section 922(g)’s requirement that the firearm have been, at some time, in interstate commerce is sufficient to establish its constitutionality under the Commerce Clause.”).
discussed Cited as authority (rule) United States v. James L. Waller
8th Cir. · 2000 · confidence medium
See Lewis v. United States, 445 U.S. 55 , 65-66 & n.8 (1980); United States v. Barry, 98 F.3d 373, 378 (8th Cir. 1996) (upholding § 922(g)(1)), cert. denied, 519 U.S. 1140 (1997); United States v. Folen, 84 F.3d 1103, 1104 (8th Cir. 1996) (upholding § 842(i)(1)); Cody v. United States, 460 F.2d 34, 36 (8th Cir.) (upholding § 922(a)(6)), cert. denied, 409 U.S. 1010 (1972).
discussed Cited as authority (rule) United States v. James L. Waller
8th Cir. · 2000 · confidence medium
See Lewis v. United States, 445 U.S. 55 , 65-66 & n. 8, 100 S.Ct. 915 , 63 L.Ed.2d 198 (1980); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996) (upholding § 922(g)(1)), cert. denied, 519 U.S. 1140 , 117 S.Ct. 1014 , 136 L.Ed.2d 891 (1997); United States v. Folen, 84 F.3d 1103, 1104 (8th Cir.1996) (upholding § 842(f)(1)); Cody v. United States, 460 F.2d 34, 36 (8th Cir.) (upholding § 922(a)(6)), cert. denied, 409 U.S. 1010 , 93 S.Ct. 454 , 34 L.Ed.2d 303 (1972).
discussed Cited as authority (rule) United States v. Lee A. Foley
8th Cir. · 2000 · confidence medium
As we have stated repeatedly " 'a traffic violation–however minor–creates probable cause to stop the driver of a vehicle.' " United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)).
discussed Cited as authority (rule) United States v. Lee A. Foley
8th Cir. · 2000 · confidence medium
As we have stated repeatedly “ ‘a traffic -violation — however minor — creates probable cause to stop the driver of a vehicle.’ ” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)).
discussed Cited as authority (rule) Fraternal Order of Police v. United States
D.C. Cir. · 1999 · confidence medium
See United States v. Smith, 101 F.3d 202, 215 (1st Cir.1996); United States v. Sorrentino, 72 F.3d 294, 296 (2d Cir.1995); United States v. Gateward, 84 F.3d 670, 672 (3d Cir.1996); United States v. Wells, 98 F.3d 808, 811 (4th Cir.1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. Lewis, 100 F.3d 49, 52 (7th Cir.1996); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Nguyen, 88 F.3d 812, 820-21 (9th Cir.1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995); United States…
discussed Cited as authority (rule) Gillespie v. City of Indianapolis
S.D. Ind. · 1998 · confidence medium
See also United States v. Wells, 98 F.3d 808 , 811 (4th Cir.1996); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Garcia, 94 F.3d 57, 64 (2d Cir.1996); United States v. Nguyen, 88 F.3d 812, 820-821 (9th Cir.1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996); United States v. Gateward, 84 F.3d 670, 672 (3rd Cir.1996); United States v. Turner, 77 F.3d 887, 889 (6th Cir.1996); United States v. McAllister, 77 F.3d 387, 389 (11th Cir.1996); United States v. Bennett, 75 F.3d 40, 48-49 (1st Cir.1996); United States v. Bolton, 68 F.3d 396, 400 (10th Cir.1995). 8 …
discussed Cited as authority (rule) United States v. Kenneth Wayne Beck
8th Cir. · 1998 · confidence medium
We have previously observed “‘[i]t is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.’ ” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)), cert. denied, — U.S. -, 117 S.Ct. 1014 , 136 L.Ed.2d 891 (1997); see Pennsylvania v. Mimms, 434 U.S. 106 , 98 S.Ct. 330 , 54 L.Ed.2d 331 (1977); United States v. Hamby, 59 F.3d 99, 101 (8th Cir. *1134 1995); United States v. Johnson, 58 F.3d 356, 357 (8th Cir.), cert. denied, 516 U.S. 936 , 116 S.Ct. 348 …
discussed Cited as authority (rule) United States v. Dennis J. Williams
7th Cir. · 1997 · confidence medium
See United States v. Smith, 101 F.3d 202, 215 (1st Cir.1996), cert. de *1134 nied, — U.S. -, 117 S.Ct. 1345 , 137 L.Ed.2d 503 (1997); United States v. Trzaska, 111 F.3d 1019, 1028 (2d Cir.1997); United States v. Gateward, 84 F.3d 670, 672 (3d Cir.), cert. denied, — U.S. -, 117 S.Ct. 268 , 136 L.Ed.2d 192 (1996); United States v. Wells, 98 F.3d 808, 811 (4th Cir.1996); United States v. Rawls, 85 F.3d 240, 242 (5th Cir.1996); United States v. Murphy, 107 F.3d 1199, 1211 (6th Cir.1997); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1014 , 136 L.E…
discussed Cited as authority (rule) Fraternal Order of Police v. United States
D.D.C. · 1997 · confidence medium
See United States v. Nguyen, 88 F.3d 812, 820-21 (9th Cir.1996) (holding that the felon in possession law, § 922(g)(1), is constitutional); see also United States v. Smith, 101 F.3d 202, 215 (1st Cir.1996); United States v. Lewis, 100 F.3d 49, 51 (7th Cir.1996); United States v. Wells, 98 F.3d 808, 811 (4th Cir. 1996) (collecting cases); United States v. Barry, 98 F.3d 373, 378 (8th Cir.1996); United States v. Sanders, 97 F.3d 856, 862 (6th Cir.1996); United States v. Garcia, 94 F.3d 57, 64 (2d Cir.1996).
discussed Cited as authority (rule) Flora Johnson v. United States
7th Cir. · 1997 · confidence medium
See Molina, 102 F.3d at 932 : Baker, 78 F.3d at 1247 ; see also United States v. Muscarello, 106 F.3d 636, 638 (5th Cir.1997) (weapon transported in glove compartment satisfies the "carry' prong of § 924(c)); United States v. Barry, 98 F.3d 373, 377 (8th Cir.1996) (same); United States v. Farris, 77 F.3d 391, 195-96 (11th Cir.1996) (same). 5 Johnson's principle argument is that the gun was not readily accessible to her because the glove compartment was locked and, therefore, she did not "carry" the gun.
discussed Cited as authority (rule) ca8 1997
8th Cir. · 1997 · confidence medium
See United States v. Peyton, 108 F.3d 876, 877 (8th Cir.1997); United States v. Rhodenizer, 106 F.3d 222, 225 (8th Cir.1997); United States v. Barry, 98 F.3d 373, 377 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1014 , 136 L.Ed.2d 891 (1997); United States v. Willis, 89 F.3d 1371, 1378-79 (8th Cir.), cert. denied, --- U.S. ----, 117 S.Ct. 273 , 136 L.Ed.2d 196 (1996).
discussed Cited as authority (rule) United States v. Peter Nelson
8th Cir. · 1997 · confidence medium
See United States v. Peyton, 108 F.3d 876, 877 (8th Cir.1997); United States v. Rhodenizer, 106 F.3d 222, 225 (8th Cir.1997); United States v. Barry, 98 F.3d 373, 377 (8th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1014 , 136 L.Ed.2d 891 (1997); United States v. Willis, 89 F.3d 1371, 1378-79 (8th Cir.), cert. denied, — U.S. -, 117 S.Ct. 273 , 136 L.Ed.2d 196 (1996).
discussed Cited "see" State of Tennessee v. Dominique Jamal Nichols
unknown court · 2022 · signal: see · confidence high
Instead, probable cause is a “‘practical, nontechnical concept.’” Id. (quoting State v. Jacumin, 778 S.W.2d 430, 432 (Tenn. 1989)). “‘[T]he strength of the evidence necessary to establish probable cause . . . is significantly less than the strength of evidence necessary to find a defendant guilty beyond a reasonable doubt.’” Davis, 484 S.W.3d at 143 -44 (quoting State v. Bishop, 431 S.W.3d 22, 41 (Tenn. 2014)). “‘[T]he constitutional validity of the [seizure] does not depend on whether the suspect actually committed any crime,’ and ‘it is irrelevant to the probable caus…
cited Cited "see" United States v. Houston
8th Cir. · 2008 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376-77 (8th Cir.1996) (finding probable cause when officer observed defendant driving erratically and defendant admitted to consuming alcohol).
discussed Cited "see" United States v. Robert Houston
8th Cir. · 2008 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373 , 376- 77 (8th Cir. 1996) (finding probable cause when officer observed defendant driving erratically and defendant admitted to consuming alcohol).
cited Cited "see" United States v. Timothy John Ehrmann
8th Cir. · 2005 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996).
cited Cited "see" United States v. Timothy Ehrmann
8th Cir. · 2005 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996).
cited Cited "see" United States v. Eugene Arthur Blaylock
8th Cir. · 2005 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996).
cited Cited "see" United States v. Eugene Blaylock
8th Cir. · 2005 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996).
discussed Cited "see" Carlsen v. Duron
10th Cir. · 2000 · signal: see · confidence high
See United States v. Barry , 98 F.3d 373 , 377 -9- (8th Cir. 1996) (finding probable cause to arrest defendant for driving under the influence due to his erratic driving and failure to pass field sobriety tests).
cited Cited "see" United States v. Mendoza-Carrillo
D.S.D. · 2000 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir. 1993).
discussed Cited "see" United States v. Sherman
4th Cir. · 1997 · signal: see · confidence high
United States v. Hayden, 85 F.3d 153, 161-62 (4th Cir. 1996); see United States v. Barry, 98 F.3d 373, 377-78 (8th Cir. 1996) (defen- dant "carried" weapon in connection with a drug offense when he had a loaded weapon in an unlocked glove compartment of the vehicle used to transport drugs).
discussed Cited "see" United States v. Kelvin D. Sherman
4th Cir. · 1997 · signal: see · confidence high
United States v. Hayden, 85 F.3d 153, 161-62 (4th Cir.1996); see United States v. Barry, 98 F.3d 373, 377-78 (8th Cir.1996) (defendant "carried" weapon in connection with a drug offense when he had a loaded weapon in an unlocked glove compartment of the vehicle used to transport drugs). 7 The district court's instructions complied with our interpretation of carrying a firearm during a drug trafficking offense and clearly directed the jury to find the defendant guilty of more than constructive possession of the weapon, contrary to Sherman's contention.
discussed Cited "see" Larry Wayne Mantooth v. United States
8th Cir. · 1997 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 377 (8th Cir.1996) (transportation of gun in glove compartment satisfies "carry" prong); United States v. Willis, 89 F.3d 1371, 1378-79 (8th Cir.) ("carry" includes transporting gun in passenger compartment of car loaded with drugs; Bailey left "carry" prong intact, and United States v. Freisinger, 937 F.2d 383 (8th Cir.1991), remains binding precedent on this court), cert. denied, 117 S.Ct. 273 (1996).
discussed Cited "see" Larry Wayne Mantooth v. United States
8th Cir. · 1997 · signal: see · confidence high
See United States v. Barry, 98 F.3d 373, 377 (8th Cir. 1996) (transportation of gun in glove compartment satisfies "carry" prong); United States v. Willis, 89 F.3d 1371, 1378-79 (8th Cir.) ("carry" includes transporting gun in passenger compartment of car loaded with drugs; Bailey left "carry" prong intact, and United States v. Freisinger, 937 F.2d 383 (8th Cir. 1991), remains binding precedent on this court), cert. denied, 117 S. Ct. 273 (1996).
discussed Cited "see, e.g." State of Tennessee v. Corey Forest
Tenn. Crim. App. · 2021 · signal: see also · confidence low
See State v. Vineyard, 958 S.W.2d 730, 736 (Tenn. 1997) (holding that officers’ observation of defendant’s violations of traffic laws created probable cause to stop defendant); see also United States v. Barry, 98 F.3d 373 , -9- 376 (8th Cir.1996) (recognizing that even minor traffic violations create probable cause to stop the driver).
discussed Cited "see, e.g." State of Tennessee v. Samantha Gadzo
Tenn. Crim. App. · 2018 · signal: see also · confidence medium
In the context of a traffic stop, the Tennessee Supreme Court has confirmed that “a police officer’s traffic stop of a motorist will pass constitutional muster if the officer has ‘probable cause’ to believe that the motorist has committed a traffic offense.” State v. -3- Smith, 484 S.W.3d 393, 400 (Tenn. 2016) (citing State v. Vineyard, 958 S.W.2d 730, 736 (Tenn. 1997) (holding that officers’ observation of a defendant’s violations of traffic laws created probable cause to stop defendant)); see also United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (recognizing that even m…
discussed Cited "see, e.g." State of Tennessee v. Robert Lamar Kellery
Tenn. Crim. App. · 2017 · signal: see, e.g. · confidence medium
See, e.g., Bryant, 678 S.W.2d at 483 . “‘It is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.’” State v. Davis, 484 S.W.3d 138, 143 (Tenn. 2016) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996)); see State v. Berrios, 235 S.W.3d 99, 105 (Tenn. 2007) (“As a general rule, if the police have probable cause to believe a traffic violation has occurred, the stop is constitutionally reasonable.”); Vineyard, 958 S.W.2d at 736 (holding that officers’ observation of the defendant’s violations of traffic…
discussed Cited "see, e.g." State of Tennessee v. Joshua Andrew Mansfield
Tenn. Crim. App. · 2016 · signal: see also · confidence medium
In the context of a traffic stop, the Tennessee Supreme Court recently confirmed that “a police officer‟s traffic stop of a motorist will pass constitutional muster if the officer has „probable cause‟ to believe that the motorist has committed a traffic offense.” State v. Smith, 484 S.W.3d 393, 400 (Tenn. 2016) (citing State v. Vineyard, 958 S.W.2d 730, 736 (Tenn.1997) (holding that officers‟ observation of a defendant‟s violations of traffic laws created probable cause to stop defendant)); see also United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (recognizing that even m…
discussed Cited "see, e.g." State of Tennessee v. Linzey Danielle Smith
Tenn. · 2016 · signal: see also · confidence medium
See State v. Vineyard, 958 S.W.2d 730, 736 (Tenn.1997) (holding that officers’ observation of defendant’s violations of traffic laws created probable cause to stop defendant); see also United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (recognizing that even minor traffic violations create probable cause to stop the driver); State v. Berrios, 235 S.W.3d 99, 105 (Tenn.2007) (recognizing that, “[a]s a general rule, if the police have probable cause to believe a traffic violation has occurred,' the stop is constitutionally reasonable” (citing Whren v. United States, 517 UJS. 806, 810…
discussed Cited "see, e.g." State of Tennessee v. Linzey Danielle Smith
Tenn. · 2016 · signal: see also · confidence medium
See State v. Vineyard, 958 S.W.2d 730, 736 (Tenn. 1997) (holding that officers‟ observation of defendant‟s violations of traffic laws created probable cause to stop defendant); see also United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996) (recognizing that even minor traffic violations create probable cause to stop the driver); State v. Berrios, 235 S.W.3d 99, 105 (Tenn. 2007) (recognizing that, “[a]s a general rule, if the police have probable cause to believe a traffic violation has occurred, the stop is constitutionally reasonable” (citing Whren v. United States, 517 U.S. 806, 8…
UNITED STATES of America, Plaintiff-Appellee,
v.
Paul Richard BARRY, Defendant-Appellant
96-1941.
Court of Appeals for the Eighth Circuit.
Oct 17, 1996.
98 F.3d 373
Thomas F. Flynn, St. Louis, MO, for Appellant., Richard L. Poehling, St. Louis, MO (Edward L. Dowd, Jr. and Laura Eckert, St. Louis, MO, on the brief), for Appellee.
Fagg, Lay, Murphy.
Cited by 54 opinions  |  Published
LAY, Circuit Judge.

Paul Richard Barry was convicted of various drug and firearm offenses under 18 U.S.C. §§ 922(g)(1) and 924(c)(1), 21 U.S.C. §§ 841 and 844, and 26 U.S.C. §§ 5861(d) and 5871. Prior to trial, the district court, [1] based on the magistrate judge’s recommendation, [2] denied Barry’s motion to dismiss the indictment and to suppress certain evidence. The district court entered judgment pursuant to the jury verdict and sentenced Barry to imprisonment for an aggregate term of 190 months. Barry appeals his conviction as it relates to all but one count. [3] We affirm.

FACTS

Counts I and II stem from a traffic stop occurring on March 15, 1995, after a Lead-ington, Missouri police officer observed Barry’s vehicle violate a red light. The officer arrested Barry for operating with a suspended driver’s license, and arranged to have Barry’s vehicle impounded. The officer performed a pat-down search of Barry, uncovering .05 gram of methamphetamine, and he performed an inventory search of Barry’s vehicle, uncovering a loaded .25 caliber semiautomatic pistol under the front seat armrest. Barry was a previously convicted felon at the time of the arrest.

Counts III through VII arise from a traffic stop occurring at three o’clock in the morning on May 5, 1995, after a different Lead-ington police officer observed Barry’s vehicle operating erratically.

Officer Darrell Bennett recognized Barry from a prior court appearance for driving with a suspended license, and asked Barry to present his driver’s license. While Barry fumbled for his license, Officer Bennett noticed three packets containing white powder in Barry’s wallet. Barry admitted he had been drinking, and complied with Officer Bennett’s directive to exit the vehicle to perform sobriety tests. Barry failed four sobriety tests.

After Barry failed the tests, Officer Bennett examined Barry’s wallet more closely. Officer Bennett testified that on prior occasions he had seen packets of white powder similar to those in Barry’s wallet, and that on those occasions the powder turned out to be methamphetamine or cocaine. Officer Bennett arrested Barry for driving while intoxi-[*376] eated (“DWI”) and possession of illegal drugs.

Officer Bennett then performed an inventory search of Barry’s vehicle as part of his department’s customary impoundment procedure. Bennett found two vials of cocaine and a loaded, unregistered, sawed-off shotgun in the unlocked glove compartment. The officer also found scales, containers of marijuana and cocaine, spoons, a pipe, a hypodermic needle, and a mirror with white, powdery residue. The cumulative weight of the cocaine in Barry’s vehicle was 459 grams and the weight of marijuana was about 710 grams. The packets in Barry’s wallet contained 1.05 grams of cocaine. Officer Bennett transported Barry to the Leadington Police Department, where Barry provided a breath sample revealing that his blood alcohol content was .022%.

At various points in the proceedings below, Barry moved the district court to suppress evidence seized during the May 5 inventory search of his vehicle, to dismiss the charges of possession as a felon, and for judgment of acquittal as to carrying a firearm in relation to drug trafficking.

SUPPRESSION OF EVIDENCE

Barry challenges the district court’s failure to suppress the evidence seized after the May 5 traffic stop, asserting the stop and subsequent arrest were merely a pretext for the vehicle search. We review de novo whether an officer’s stop is based upon reasonable suspicion and whether the arrest is based upon probable cause. Ornelas v. United States, — U.S. —, —, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996). We review the district court’s findings concerning the underlying historical facts under the clearly erroneous standard. Id.

It is undisputed that Officer Bennett observed Barry operating his vehicle erratically and crossing the centerline at three o’clock in the morning on May 5. Officer Bennett’s uncontradicted testimony at the suppression hearing amply supports the magistrate judge’s finding. [4]

Failing to operate one’s vehicle within a single lane violates Missouri law. Mo.Rev. Stat. § 304.015. Driving while intoxicated also violates Missouri law. Mo.Rev.Stat. § 577.010.1. Officer Bennett witnessed Barry violate the former and had reasonable suspicion based on Barry’s driving to believe Barry may also have been violating the latter. We recently observed “[i]t is well established that a traffic violation — however minor — creates probable cause to stop the driver of a vehicle.” United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993); see also United States v. Rehkop, 96 F.3d 301, 305 (8th Cir.1996) (holding officer had reasonable belief that a driver was intoxicated where the driver remained at a traffic light through three rotations and weaved several times within his own lane). We conclude that Officer Bennett lawfully stopped Barry’s vehicle.

Barry contends his DWI arrest was mere pretext to allow Officer Bennett to search his vehicle without a warrant. This argument fails. While pretextual traffic stops or arrests may violate the Fourth Amendment, as long as a police officer does no more than he or she is legally permitted and objectively authorized to do, the officer’s stop or arrest is constitutional. United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. denied, 502 U.S. 962, 112 S.Ct. 428, 116 L.Ed.2d 448 (1991).

The question then turns on whether probable cause existed for Barry’s arrest. “In determining whether probable cause exists to make a warrantless arrest, the court looks to the totality of the circumstances to see whether a prudent person would believe the individual had committed or was committing a crime.” United States v. Segars, 31 F.3d 655, 659 (8th Cir.1994), cert. denied, [*377] U.S. —, 115 S.Ct. 772, 180 L.Ed.2d 667 (1995). Here, Barry drove erratically, admitted to Officer Bennett he had been drinking, and failed multiple sobriety tests. A reasonable person could conclude Barry was driving while intoxicated; under the circumstances, we find Officer Bennett lawfully arrested Barry. [5] Because we conclude there was probable cause to arrest Barry for DWI without regard to any cocaine in Barry’s wallet, we need not reach Barry’s argument that the magistrate judge should have discredited Officer Bennett’s testimony that Bennett observed the cocaine packets in Barry’s wallet before arresting him.

A police officer may conduct a warrantless inventory search of a vehicle the officer is lawfully impounding. Colorado v. Bertine, 479 U.S. 367, 370-74, 107 S.Ct. 738, 740-42, 93 L.Ed.2d 739 (1987). Officer Bennett conducted such a search of Barry’s vehicle and in doing so discovered the shotgun and drugs. We find no error in the district court’s denial of Barry’s motion to suppress this evidence.

CARRYING FIREARM IN RELATION TO DRUG TRAFFICKING

Barry challenges his conviction of violating 18 U.S.C. § 924(c)(1) based on the Supreme Court’s decision in Bailey v. United States, — U.S. —, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). Reviewing de novo the district court’s conclusion that Bailey affords Barry no relief, we agree Bailey is inapplicable here.

Bailey narrowly defines “use” under § 924(c)(1) as requiring proof that the defendant “actively employed the firearm during and in relation to the predicate crime.” — U.S. at —, 116 S.Ct. at 509. However, Barry was indicted for carrying a firearm, not for using a firearm, and Bailey did not address the alternate “carry” prong of § 924(c)(1). Barry nevertheless contends that because he did not have the shotgun on his person, he did not “carry” the shotgun. We disagree.

Before Bailey, we recognized that “the common usage of ‘carries’ inelude[s] ‘carries in a vehicle.’” United States v. Freisinger, 937 F.2d 383, 387 (8th Cir.1991). Notwithstanding Barry’s argument, Bailey does not require us to abandon Freisinger. Indeed, after the parties submitted their arguments in this matter, we decided United States v. Willis, 89 F.3d 1371 (8th Cir.), cert. denied, — U.S. —, 117 S.Ct. 273, 136 L.Ed.2d 196 (1996). Willis held the Freis-inger standard survived Bailey. Id. at 1379. Barry’s transportation of the shotgun in his glove compartment satisfies the “carry” prong of § 924(c)(1).

Barry also challenges the district court’s denial of his motion for acquittal based on sufficiency of the evidence regarding whether he carried the firearm “in relation to” drug trafficking. We will narrowly review a district court’s denial of a motion for acquittal, viewing the evidence in the light most favorable to the verdict and giving the government the benefit of reasonable inferences drawn from the evidence. United States v. Cunningham, 83 F.3d 218, 222 (8th Cir.1996).

The phrase “in relation to” in § 924(c)(1) is “expansive,” requiring that the firearm have some purpose or effect regarding drug trafficking and that it facilitate or have the potential to facilitate drug trafficking, as opposed to being present merely as the result of accident or coincidence. Smith v. United [*378] States, 508 U.S. 223, 236-39, 113 S.Ct. 2050, 2058-59, 124 L.Ed.2d 138 (1993).

Here, the jury could reasonably infer that Barry’s sawed-off shotgun had the potential to facilitate Barry’s possession and intended sale of cocaine and marijuana. The shotgun was loaded, unregistered, and concealed with two vials of cocaine in Barry’s unlocked glove compartment. He transported the shotgun in the same passenger compartment in which he transported nearly $50,000 in illegal drugs. There was ample evidence supporting the jury’s verdict that Barry carried the shotgun “in relation to” drug dealing.

COMMERCE CLAUSE

Finally, Barry assigns error to the district court’s denial of his motion to dismiss the two counts of possession of a firearm as a felon under 18 U.S.C. § 922(g)(1). He relies on United States v. Lopez, — U.S. —, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), for the proposition that the Commerce Clause precludes application of § 922(g)(1) to his firearm possession. We reject Barry’s argument. In United States v. Bates, we held that § 922(g)(1) was constitutionally applied to a defendant who possessed a shotgun that had traveled in interstate commerce. 77 F.3d 1101 (8th Cir.), cert. denied, — U.S. —, 117 S.Ct. 215, 136 L.Ed.2d 149 (1996). Here, the parties stipulated that the firearms at issue traveled in interstate commerce. For the reasons articulated in Bates, “we find the application of section 922(g)(1) to [Barry’s] conduct eminently constitutional.” Id. at 1104.

We affirm the district court’s judgment against Barry.

1

. The Honorable Carol E. Jackson, United States District Court Judge for the Eastern District of Missouri.

2

. The Honorable David D. Noce, United States Magistrate Judge for the Eastern District of Missouri.

3

.Barry does not appeal his conviction for possession of methamphetamine.

4

. Officer Bennett testified in relevant part as follows:

I noticed him coming off the highway, he was a little wobbly, but I couldn't see how he was driving so, I couldn’t make any judgments right there. So, I went ahead and stayed in my position, he came on around on Highway 32, headed west, passed me; the one lane turns into divided lanes; he crossed the center line a couple of times, went ahead, was gonna make a right turn, made it a little early, hit the shoulder and proceeded on.

Tr. of Evidentiary Hr'g, at 31.

5

. That Barry’s breath test after the arrest at the police department revealed a blood alcohol content of only .022% is inapposite to whether there was probable cause immediately before the arrest to conclude Barry was driving while intoxicated.

Additionally, intoxication with drugs other than alcohol, or a combination of drugs and alcohol, also would support conviction under Missouri’s DWI law. See Mo.Rev.Stat. § 577.001.2. (“[A] person is in an ‘intoxicated condition’ when he is under the influence of alcohol, a controlled substance, or drug, or any combination thereof.”). In this vein Barry supports his pretext argument by asserting that officers "neglected or declined to obtain a blood sample” to establish whether any other drug was in his system. Appellant’s Br,, at 22. However, the court notes with disfavor Barry’s failure also to disclose Officer Bennett's uncontested testimony that Barry was several times offered, but refused, a urine test, which also would have established whether he had ingested other drugs. See Tr. of Evidentiary Hr’g, at 43-44; Tr. of Trial, vol. I, at 105.