United States v. Radford, No. 21-1715 (7th Cir. 2022)
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The DEA was watching a suspected drug house near Indianapolis, Indiana. Detective Maples was monitoring traffic on Rockville Road. DEA agents reported that a white Audi had just departed from the suspected drug house and was heading towards Rockville Road. Maples observed the Audi pass him at approximately 40-45 miles per hour, following the car in front of it by less than a car length. He decided to conduct a traffic stop for the infraction of following too closely. During a pat-down search, Maples saw a vacuum-sealed plastic bag in Radford’s inner pocket that Maples believed contained heroin. Minutes after Radford was taken into custody, Maples learned that there was an outstanding warrant for Radford’s arrest based on charges for operating a vehicle after a lifetime suspension of his license. An inventory search of the Audi revealed a gun. The substance in the bag was fentanyl rather than heroin. Radford was charged with possession with intent to deliver a controlled substance, 21 U.S.C. 841(a)(1). Radford moved to suppress the evidence, arguing that he was driving under the speed limit, was operating his vehicle in a safe manner, and did not commit any traffic violations.
The Seventh Circuit affirmed the denial of Radford’s motion. The court made appropriate findings in crediting Maples’ testimony over Radford’s with respect to both the traffic offense and Maples’ observations leading to the search.
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