United States v. Carr, No. 10-6316 (6th Cir. 2012)Annotate this Case
Officers activated their lights and approached defendant's vehicle, which was parked in an otherwise empty coin-operated carwash in an area in which several drug arrests had been made. After seeing furtive movements, and observing marijuana on the dashboard, they requested that defendant leave exit the vehicle. He complied. The officers arrested defendant and searched the vehicle. They discovered a gun, crack cocaine, and marijuana. Defendant was charged with intent to distribute, 21 U.S.C. 841(a), possession of a firearm, 18 U.S.C. 924(c), and being a felon in possession of a firearm, 18 U.S.C. 922(g). The Sixth Circuit upheld denial of a motion to suppress. Defendant and the officers had a consensual encounter; no seizure occurred when the officers parked their cruiser and approached defendant's vehicle. They did not block his exit. Even if a seizure had occurred, the officers had reasonable suspicion sufficient to justify the stop.