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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff(s), CASE NUMBER: 09-20224

HONORABLE VICTORIA A. ROBERTS

v.

ERNEST ADAMS,

KATRINA LYONS,

Defendant(s).

_________________________________/ 

ORDER

I. INTRODUCTION AND PROCEDURAL HISTORY

This matter is before the Court on Defendant Katrina Lyons’ “Motion to

Suppress.” (Doc. #114). Lyons asks the Court to suppress the primary and derivative

evidence seized from a traffic stop on September 25, 2008. Co-Defendant Ernest

Adams joins.

On November 18, 2009, the Court referred this motion to Magistrate Judge

Virginia A. Morgan for a Report and Recommendation (“R&R”). The Magistrate Judge

held an evidentiary hearing on January 11, 2010 and January 12, 2010. On February

22, 2010, the Magistrate Judge filed an R&R, recommending that the Court DENY

Lyons’ motion to suppress. 

Lyons filed objections on March 4, 2010 and a Supplemental Brief on July 23,

2010. The Government did not respond.

For the reasons stated, the Court DECLINES TO ADOPT the Magistrate Judge’s

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R&R, and Lyons’ motion is GRANTED.

II. BACKGROUND

A. Drug Enforcement Administration Investigation

Special Agent Kevin Graber of the Drug Enforcement Administration (“DEA”) was

involved with an investigation of co-Defendant George Williams. The investigation

included a wiretap on co-Defendant Yolanda Young’s cell phone. The wiretap

investigation started in August 2008. 

1. Traffic Stops Related to the Investigation 

In June 2007, the Wood County Sheriff’s Department in Ohio effectuated a traffic

stop of a car with a Kentucky license plate. A search of the car resulted in the seizure

of 61 bottles of cough syrup with codeine. The prescribing physician was Dr. Milagros

Ebreo, the doctor associated with the investigation. 

In April 2008, an individual associated with Williams was stopped in Kentucky. A

search of the car resulted in the seizure of cough syrup with codeine, OxyContin pills,

and Xanax. 

A third traffic stop was conducted on July 3, 2008. A car was pulled over in

Monroe County, Michigan. A search of the car resulted in the seizure of OxyContin pills

and cough syrup with codeine. The cough syrup was linked to this investigation through

Dr. Ebreo.

2. General Surveillance on 20226 Stratford

While conducting surveillance on 20226 Stratford, SA Graber learned that elderly

people saw a doctor at that location. The patients were prescribed Xanax, OxyContin

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pills, and cough syrup with codeine, but they never received the prescriptions; either

Williams or one of his subordinates filled the prescriptions and distributed the products

to individuals involved in the conspiracy. 

SA Graber never observed a car with an out-of-state license plate at the Stratford

location, nor was the Stratford location the place that was used to store controlled

substances for distribution.

3. Surveillance on 20226 Stratford on September 25, 2008 

At approximately 2:50 p.m. on September 25, 2008, SA Graber established

surveillance at the Stratford location. Shortly after the surveillance was established,

Williams and Young left the house. 

At approximately 3:07 p.m., Graber received information from agents monitoring

the wiretap that Young called Williams to find out if he was waiting on someone to

arrive, because Young told a woman to park in the driveway at 20226 Stratford. 

Williams told Young he was waiting on a female in a gray car with an out-of-state

license plate. SA Graber then observed a gray minivan with an Alabama license plate

pull into the driveway of the house. 

At approximately 3:12 p.m., a Mercedes associated with Williams pulled behind

the minivan in the driveway. Lyons was driving the minivan. She pulled the minivan

further up the driveway, and the Mercedes followed. Both cars were out of SA Graber’s

sight.

SA Graber did not see anyone with a package, but he believed Lyons and

Williams loaded controlled substances into the gray minivan. 

At approximately 4:14 p.m., Lyons and Williams left the Stratford location. 

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SA Graber believed he had probable cause to effectuate a traffic stop on the

minivan, based on: (1) the traffic stops in June 2007, April 2008, and July 3, 2008; (2)

the fact that the minivan and the Mercedes parked so they were out of sight; and, (3) his

knowledge of the conversations that occurred over the wiretap. 

Nonetheless, SA Graber wanted the Michigan State Police to stop the minivan so

the DEA’s investigation would not be compromised. SA Graber says he told the police

officers why the DEA believed there would be narcotics in the minivan, but asked the

officers to develop their own probable cause to stop the minivan. 

B. Traffic Stop on September 25, 2008

Trooper James Grubbs and Trooper Marcus Wise of the Michigan State Police

effectuated a traffic stop at approximately 4:20 p.m. on September 25, 2008. According

to both Trooper Grubbs and Trooper Wise, the reason for the traffic stop was that Lyons

had objects hanging from the rear-view mirror of the minivan, in violation of Michigan

law. 

The Incident Report from the Michigan Department of State Police says Lyons

was stopped for a vision obstruction. 

Trooper Wise approached Lyons. He smelled moth balls, Lyons’ hands were

shaking, and she had labored breathing. Lyons presented an Alabama identification

card and a rental agreement for the minivan. 

Trooper Wise asked Lyons for permission to search the minivan. Lyons

responded, “go ahead.” Lyons took her purse with her when she got out of the minivan. 

Trooper Wise asked Lyons if he could search her purse for his safety. He found

a Michigan driver’s license and several bundles of United States currency. It was

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discovered that her driver’s license was suspended. 

Lyons said she earned the money doing hair, and that she had receipts to prove

she withdrew the money from her bank account; there were no withdrawal receipts in

Lyons’ purse.

When Trooper Wise told Lyons her statements were inconsistent, Lyons said she

got the money from a male friend.

Lyons was arrested for driving on a suspended license.

Trooper Grubbs searched the minivan. He found $11,293.00 in United States

currency, and 39 bottles of Promethazine with Codeine cough syrup. 

Lyons was arrested and taken to the Michigan State Police post. She was

released from police custody at approximately 9:00 p.m. 

C. Magistrate Judge’s Findings and Lyons’ Objections

Lyons seeks to suppress the evidence that was seized on September 25, 2008

as well as the evidence that was obtained as a result of the unlawful traffic stop. She

argues that: (1) the traffic stop was improper; (2) the detention after the initial stop was

without legal justification; and (3) she made statements without Miranda warnings.

The Magistrate Judge says there is a question regarding whether there was a

civil infraction, but the traffic stop was lawful based on Terry v. Ohio, 392 U.S. 1 (1968);

or, the automobile exception. 

 Lyons objects to the these findings. She says: (1) SA Graber did not have

probable cause to believe the minivan contained contraband; (2) the Magistrate Judge’s

reliance on the collective knowledge doctrine to justify the traffic stop, is an error of fact

and law because the troopers did not rely on that doctrine; and (3) her consent to

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search the minivan was invalid.

III. APPLICABLE LAW AND ANALYSIS

The testimony at the evidentiary hearing and the Incident Report from the

Michigan State Police support the conclusion that the traffic stop was based solely on

an alleged civil infraction. There is no evidence in the record that the minivan was

stopped based on the DEA’s investigation and collective knowledge. 

The Court rejects the Government’s argument that Trooper Grubbs and Trooper

Wise had reasonable suspicion to effectuate the traffic stop of the minivan based on the

information known to the DEA.

The only remaining question is whether the traffic stop was justified based on

objects hanging from Lyons’ rear-view mirror. 

“[S]topping an automobile and detaining its occupants constitute[s] a ‘seizure’

within the meaning of [the Fourth Amendment].” Delaware v. Prouse, 440 U.S. 648,

653 (1979).

Trooper Grubbs and Trooper Wise’s decision to conduct a traffic stop is

reasonable, and complies with the Fourth Amendment guarantee against

“unreasonable” searches and seizures, if they had probable cause to believe Lyons

committed a civil infraction. See Whren v. United States, 517 U.S. 806, 810 (1996)

(citing Prouse, 440 U.S. at 659 (1979); Pennsylvania v. Mimms, 434 U.S. 106, 109

(1977) (per curiam)). Probable cause means “reasonable grounds for belief, supported

by less than prima facie proof but more than mere suspicion.” United States v.

Ferguson, 8 F.3d 385, 392 (6th Cir. 1993) (quoting United States v. Bennett, 905 F.2d

931, 934 (6th Cir. 1990)). 

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MCLA §257.709 says:

(1)(c) A person shall not drive a motor vehicle with . . . [a] dangling

ornament or other suspended object that obstructs the vision of the

driver of the vehicle, except as authorized by law.

That statute goes on to say, however:

(3)(d) This section does not apply to[] [a] vehicle registered in another

state, territory, commonwealth of the United States, or another

county or province. 

Trooper Wise testified that he was right behind the minivan when he saw the

dangling objects. This necessarily means that he saw that the minivan was registered

in Alabama. Therefore, Lyons could not be guilty of violating MCLA §257.709, by

operation of law. 

In addition, there is no evidence that the air freshener and beads hanging from

the rear-view mirror obstructed Lyons’ vision. 

The Court finds the troopers lacked probable cause to conduct a traffic stop.

IV. CONCLUSION

The Court DECLINES TO ADOPT the Magistrate Judge’s R&R. Lyons’ motion is

GRANTED.

IT IS ORDERED.

s/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: August 31, 2010

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The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

August 31, 2010.

s/Carol A. Pinegar 

Deputy Clerk

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