United States v. Bohman, No. 10-3656 (7th Cir. 2012)
Annotate this CaseAn informant, endorsed as reliable, stated that he saw known meth cook Barttelt brew meth at a specific hunting cabin; that he had seen an anhydrous ammonia tank at the cabin within the week; that a locked cable blocked the drive; and that Barttelt drove a green Mercury Grand Marquis. At the property, the officer found a cable blocking a driveway; a vehicle approached the gate. Observing unusual movements, officers approached the maroon Chevrolet Beretta, recognized the driver but not the passenger, requested that they exit the car, learned that the passenger was Barttelt, and smelled anhydrous ammonia. The driver indicated that Barttelt was cooking meth. A search of the cabin, authorized by a warrant, based on information learned during the stop, revealed a lab. The district court denied a motion to suppress. The Seventh Circuit reversed. Stopping a car just to identify occupants is deliberate enough to justify suppression when there is neither probable cause to believe nor reasonable suspicion that the car is being driven contrary to laws governing operation of motor vehicles or that the car or occupants are subject to seizure or detention in connection with the violation of other law. The court did not address the sufficiency of Barttelt’s interest in the cabin.
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