Presence of fix-a-flat cans in vehicle and results of “echo test” on spare tire during traffic stop provide probable cause for roadside search

SEARCH & SEIZURE United States v. Lyons, No. 06-3111, ___ F.3d ___ (10th Cir. Dec. 18, 2007)(Kansas). Appeal of convictions for possession of cocaine with intent to distribute and conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), 21 U.S.C. §§ 841(b)(1)(A), 846, and 18 U.S.C. § 2. HELD: (1) Once purpose of traffic stop was satisfied (i.e., issuance of warning ticket and returning driver’s license and rental contract), police officer had reasonable suspicion of other criminal activity (i.e., transporting drugs) based on concerns raised by appearance of spare tire stowed in undercarriage of vehicle. Continued detention of motorist to facilitate further investigation of those suspicions was therefore reasonable. (2) Police officer had probable cause to lower spare tire from rental vehicle’s undercarriage and cut it open once he observed four cans of fix-a-flat tire inside vehicle and confirmed suspicions that spare tire contained contraband by performing “echo test” on tire (i.e., hitting tire while listening with stethoscope placed on tire). Read the opinion here.