Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER SUSAN P. WATTERS , District Judge . Before the Court are United States Magistrate Judge Timothy Cavan's findings and recommendation filed April 12, 2019. (Doc. 33). Judge Cavan recommends this Court deny Defendant Steven Wayne Phillips' motion to suppress evidence seized from his vehicle. I. Standard of review Phillips filed timely objections to the findings and recommendation. (Doc. 34). Phillips is entitled to de novo review of those portions of Judge Cavan's findings and recommen
Summary: ORDER SUSAN P. WATTERS , District Judge . Before the Court are United States Magistrate Judge Timothy Cavan's findings and recommendation filed April 12, 2019. (Doc. 33). Judge Cavan recommends this Court deny Defendant Steven Wayne Phillips' motion to suppress evidence seized from his vehicle. I. Standard of review Phillips filed timely objections to the findings and recommendation. (Doc. 34). Phillips is entitled to de novo review of those portions of Judge Cavan's findings and recommend..
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ORDER
SUSAN P. WATTERS, District Judge.
Before the Court are United States Magistrate Judge Timothy Cavan's findings and recommendation filed April 12, 2019. (Doc. 33). Judge Cavan recommends this Court deny Defendant Steven Wayne Phillips' motion to suppress evidence seized from his vehicle.
I. Standard of review
Phillips filed timely objections to the findings and recommendation. (Doc. 34). Phillips is entitled to de novo review of those portions of Judge Cavan's findings and recommendation to which he properly objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
II. Discussion
Judge Cavan held an unmarked pill bottle containing Adderall, for which Phillips did not have a prescription, supplied Trooper Kristy Kees not only independent reasonable suspicion to prolong the stop, but probable cause to arrest Phillips. Phillips objects to Judge Cavan's conclusion that Trooper Kees had probable cause to arrest Phillips.
The Court refrains from determining whether Trooper Kees had probable cause to arrest Phillips because, under Rodriguez v. United States, 135 S.Ct. 1609, 1614 (2015), Trooper Kees only needed independent reasonable suspicion to prolong the stop.
The possession of Adderall without a prescription is a felony in Montana, unless the person is exempt or did so unknowingly. Mont. Code Ann. § 45-9-102. It's undisputed Phillips was in possession of Adderall without a prescription. Whether further investigation was required before Phillips could be lawfully arrested or convicted is not important here because, at the very least, it was reasonable for Trooper Kees to suspect criminal activity was afoot and investigate further, including prolonging the stop to await a drug dog. United States v. Evans, 786 F.3d 779, 788 (9th Cir. 2015).
III. Conclusion and order
It is hereby ordered:
1. Judge Cavan's factual findings are adopted in full;
2. Judge Cavan's conclusion Trooper Kees had independent reasonable suspicion to prolong the stop is adopted;
3. Phillips' objection is overruled;
4. Phillips' motion to suppress (Doc. 21) is denied.
