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US v. Wilkinson, No. 10-6024

By FindLaw Staff on January 20, 2011 3:27 PM

Crack Conviction Affirmed

In US v. Wilkinson, No. 10-6024, the court affirmed defendant's conviction for possessing with intent to distribute five grams or more of a mixture containing cocaine base, where the stop at issue was proper because the "collective knowledge" doctrine--under which the legality of the detention of a suspect by an officer can be supported by information possessed by a fellow officer who requests the detention, even if the requesting officer does not communicate the information to the other officer--applies to traffic stops for misdemeanors as well as stops for felonies.


As the court wrote:  "After a bench trial in the United States District Court for the Western District of Oklahoma, Defendant Stephen Wilkinson Jr. was convicted of possessing with intent to distribute five grams or more of a mixture containing cocaine base (crack). See 21 U.S.C. § 841(a)(1). Police officers found the cocaine in his truck after a traffic stop by an officer acting at the request of a fellow officer who had observed a license-tag violation. Defendant appeals the district court's denial of his motion to suppress the drugs as fruit of an illegal stop. We have jurisdiction under 28 U.S.C. § 1291 and affirm."

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