United States v. Lee
3:10-cr-30058
C.D. Ill.Nov 10, 2010Background
- Defendant Eddie Lee challenged the stop and search of his borrowed Honda on I-55 as unlawful and sought suppression of drugs found during a later warrant search.
- Deputy Tuttle inspected the Accord after a LEADS check showed suspended registration, initiating the First Stop at 10:18 a.m.
- Keej, the drug-sniffing dog, alerted on the passenger door during the First Stop, leading to a vehicle search.
- Lee was detained briefly and then transported to a rest stop; the car was later towed and impounded.
- DEA later obtained a warrant, based on a lengthy Warrant Affidavit, and crack cocaine was found in the spare tire well during the warrant search.
- The court held a Franks hearing was not warranted and denied Lee’s suppression motions, upholding the First Stop and subsequent search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the First Stop given suspended registration | Lee argues stop unlawful due to improper detention | Lee contends no probable cause for stop | Stop valid; probable cause existed from suspended registration. |
| Whether the dog alert supplied probable cause for search | Lee challenges dog alert as lacking reliability | Keej reliably alerted; credible training and certification | Probable cause established by reliable alert. |
| Scope of search at First Stop vs warrant search | Search exceeded permissible scope | Search justified by probable cause; not a search incident to arrest | First Stop search valid; warrant search independent. |
| Franks challenge to Warrant Affidavit | Affidavit contained false statements knowingly or recklessly | No showing of knowing/reckless falsehood by affiant | Franks hearing denied; no sufficient showing of falsity. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (probable cause governs traffic stops; subjective intent irrelevant)
- Illinois v. Caballes, 543 U.S. 405 (2005) (brief detention during drug sniffing is permissible)
- United States v. Patterson, 65 F.3d 68 (7th Cir. 1995) (drug-sniffing alerts can establish probable cause to search)
- Arizona v. Gant, 129 S. Ct. 1710 (2009) (limits on searches incident to arrest; not controlling here)
- Carroll v. United States, 267 U.S. 132 (1925) (early framework for vehicle searches with probable cause)
- Franks v. Delaware, 438 U.S. 154 (1978) (requirement for a Franks hearing when alleging false statements)