United States v. Lyon, No. 10-2402 (6th Cir. 2012)
Annotate this CaseDefendant was stopped by state troopers at the request of DEA agents who were watching a site and monitoring wiretaps while investigation a narcotics/Medicare fraud operation. Troopers discovered large bundles of currency and a suspended Michigan driver’s license in her purse. Between the car and the purse, troopers discovered over $11,000, cash, 39 bottles of codeine cough syrup, and mothballs. The incident report that indicated Defendant was pulled over for a vision obstruction (necklaces and air freshener hanging from rear view mirror) and was arrested based on the questionable status of her license and the illegal narcotics recovered from her vehicle; it did not mention the DEA’s investigation or instructions. Defendant was charged with conspiracy to distribute and possess with intent to distribute controlled substances, 21 U.S.C. 846 and 841(a)(1); possession with intent to distribute controlled substances, 21 U.S.C. 841(a)(1); and criminal forfeiture allegations, 18 U.S.C. 981(a)(1)(C), 28 U.S.C. 2461(c), & 21 U.S.C. 853. The district court granted her motion to suppress. The Sixth Circuit reversed and remanded. Because DEA had reasonable suspicion to order the traffic stop and the collective knowledge doctrine applied, the initial stop was valid. Upon detaining defendant, troopers obtained probable cause to search the vehicle under the automobile exception.
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