Lewis
United Statesa v. Lewis
Opinion
Lead Opinion
Olguin, J.
Having reviewed and considered all the briefing filed with respect to defendant Timothy Lewis's ("defendant" or "Lewis") Motion to Suppress Evidence (Dkt. 22, "Motion"), and the testimony and evidence presented during the evidentiary hearing held on June 2, 2017, the court concludes as follows.
BACKGROUND
On January 18, 2017, a federal grand jury indicted Lewis on charges for being a felon in possession of a firearm and with illegally transporting firearms in violation of 18 U.S.C. §§ 922 (a)(3) & (g)(1). The charges result from a stop and search of defendant's vehicle by agents from the United States Customs and Border Protection ("CBP") and the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). ( See Dkt. 22, Motion at 3). In his Motion, defendant seeks to suppress evidence discovered during the traffic stop, arguing that the stop was not supported by reasonable suspicion and the warrantless search of his vehicle was not supported by probable cause. ( See id. at 3 , 10-17 & 18).
At approximately 11:00 a.m. on December 7, 2016, Lewis drove a red Mazda CX-5 sports utility vehicle ("the Mazda") into a Flying J service station in Ehrenberg, Arizona. ( See Dkt. 26,…