Phillips

United States v. Phillips

Good Law
9 F. Supp. 3d 1130·2014 WL 1275916·2014 U.S. Dist. LEXIS 42294
United States District Court, Eastern District of CaliforniaMarch 27, 2014No. 2:13-CR-00398-MCECalifornia8,064 words

Opinion

Lead Opinion

England, J.

*1132 MEMORANDUM AND ORDER

On December 12, 2013, the grand jury returned an indictment as to Defendant Lavelle Phillips (“Defendant”). ECF No. 1. The indictment contains two charges: (1) possession with intent to distribute cocaine base and (2) possession with intent to distribute heroin, both in violation of 21 U.S.C. § 841 (a)(1). Id. On January 6, 2014, Defendant filed a Motion to Suppress. Mot., Jan. 6, 2014, ECF No. 5. Subsequently, Defendant filed an Amended Motion to Suppress (“Motion”), which seeks to suppress all evidence obtained by a search of a vehicle and a cellular telephone seized after Defendant’s arrest on February 18, 2012. Mot., Jan. 30, 2014, ECF No. 6. The government opposed the Motion. Opp’n, Feb. 13, 2014, ECF No. 8.

The Court held a hearing on the Motion on February 27, 2014. At the hearing, the Motion was GRANTED IN PART and DENIED IN PART; this written order follows.

BACKGROUND

On February 18, 2012, at 8:43 PM, Officer Huff and Officer Boyce of the Vallejo Police stopped Defendant, who was driving a black Lexus, for failure to have any illuminated headlights or tail lights while driving at night in violation of California Vehicle Code section…

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