United States v. Doxey, No. 14-2600 (6th Cir. 2016)
Annotate this CaseATF investigated the theft of firearms from Michigan gun dealers, leading to two arrests. Both men admitted trading the stolen firearms with Doxey, in exchange for heroin. Another informant stated that Doxey was a heroin dealer and described his vehicle. Doxey, known to be on parole, was seen at a gas station, engaging in an apparent “hand-to-hand” narcotic transaction with another man in Doxey's vehicle. Officers watched Doxey drive away with female passengers. Doxey had a suspended license. Before officers stopped him, Doxey pulled over and exited his car. Officers approached, searched Doxey with his consent, and removed $1,560 in cash from Doxey’s pocket. Searching the car, they found a partially burnt marijuana cigarette and a digital scale. With written consent from one of the passengers, the officers searched her house and found a jar, containing heroin residue. Doxey consented to and initially cooperated with a search of his genitals and rectum, pulling his clothing down. He then began clenching his butt cheeks. He was taken to the police station. Doxey’s parole officer stated his parole required Doxey to allow complete body searches. Doxey continued to resist and had to be restrained. Officers could see “the corner tie bag in between his butt crack.” A field test confirmed that the substance in the plastic bag was heroin, weighing 8.17 grams. The Sixth Circuit affirmed his conviction under 21 U.S.C. 841(a)(1), rejecting a challenge to the body search and an argument that the informer's identity should have been disclosed.
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