United States v. Jerry Paul Lillard

The defendant appeals the denial of his motion to suppress and his sentence. We affirm.

I

State police had been investigating Jerry Paul Lillard for possible methamphetamine manufacturing and in November 1988 placed him under 24-hour surveillance. On November 17, three officers, in two separate cars, followed Lillard’s van when it left his rented house. The van was traveling 70 to 75 m.p.h. down a two-lane country road where the speed limit was 55 m.p.h. The officers saw the van skid around a corner.

Detective Parnell stated that he stopped the van because Lillard was speeding and driving carelessly, and was suspected of manufacturing methamphetamine. Parnell approached the van with his gun drawn. When he reached the van, he recognized a distinct odor associated with methamphetamine manufacturing.

Lillard was arrested and advised of his Miranda rights, which he indicated he understood. He was questioned about the house and the drug lab. Later, after having been unhandcuffed and advised of his rights a second time, Lillard signed a consent form for the search of his van and rented house.

When the van and house were searched, police found codefendant Donald Lynn Holcomb, guns,…