United States v. Lewis, No. 16-5181 (6th Cir. 2017)
Annotate this CaseOfficer Turner responded to reports that a woman was intoxicated at Wal-Mart. Turner found the woman, Lakes, who was “clearly under the influence.” Lakes stated that she was with Lewis, who was in his truck and would drive her home. Officers approached Lewis’s truck. It was dark outside and the windows were tinted. Turner looked inside and saw Lewis asleep on the passenger side. Officer Cloyd and Lakes went to the front-passenger side; either Cloyd or Lakes opened the door. The interior light went on, causing Lewis to startle and enabling Turner to see that Lewis had a clear plastic baggie on his lap. Lewis tossed the baggie over the console onto the back floorboard. Turner suspected that the baggie contained marijuana, shined his flashlight onto it, and observed that it contained “like a bluish color stuff.” Turner opened the door, inspected the bag closely, and saw that it contained pills. Lewis appeared to be under the influence. Lewis and Lake were arrested. The bag was tested; it contained 493 oxycodone and 5 Xanax. Four Xanax pills were found on Lewis’s person. Lewis was indicted under 18 U.S.C. 841(a)(1), 846. The Sixth Circuit affirmed denial of Lewis’s motion to suppress. The officers’ purpose was to find Lakes a safe ride home, they were not investigating a crime. Lewis’s subsequent behavior gave Turner probable cause to search the truck under the automobile exception to the warrant requirement.
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