Full opinion text
MEMORANDUM OPINION AND ORDER CHARLES R. SIMPSON, III, District Judge. This matter is before the court for consideration of the objections of various defendants to the Findings of Fact, Conclusions of Law, and Recommendations of the United States Magistrate Judge concerning the disposition of five motions to suppress evidence (DNs 64, 109, 110, 203, 215). The magistrate judge conducted an evidentiary hearing on February 9, 2009. After post-hearing briefing, the magistrate judge filed a sixty-four page report recommending the following action: 1. That the court suppress evidence seized from the home of defendant Kenneth L. Williams at 9938 Apollo Court and from the gold Suburban automobile located there. 2. That the court suppress from evidence the storage unit rental receipt taken from Kenneth L. Williams’ Lincoln Town Car and copied by law enforcement officers. 3. That the court suppress evidence seized from the person of Michael Ford at the time of the vehicle stop on January 15, 2006. 4. That the remaining requests for suppression of evidence be denied. There was no objection to the recommendation that the court suppress evidence seized from 9938 Apollo Court and from the gold Suburban automobile. Therefore, the magistrate’s findings and recommendation will be accepted and adopted on this point. Similarly, no objection has been raised to suppression of the storage unit rental receipt. The magistrate’s ruling will be accepted and adopted, and this item will be suppressed. The court finds that the objection of the United States to the recommended suppression of evidence seized from the person of Michael Ford is well taken. The magistrate judge stated at p. 61 of his report that “... [i]f the evidence taken from Michael Ford’s person and automobile is to be admitted, its seizure must rest upon some other ground than Ford’s alleged consent.” However, the evidence of record establishes that Ford consented to the search of his person. Unlike the evidence with respect to the search of Ford’s vehicle which the magistrate judge characterized as a “he said/he said” situation, the only evidence concerning the search of Michael Ford’s person is the testimony of Sgt. Butler that Ford gave consent. Ford testified at the hearing, but was asked only if he consented to the search of the vehicle. Thus the evidence offered by the United States with respect to the consent to search Ford’s person stands unrefuted. The United States must establish by a preponderance of the evidence that Ford validly consented. Morphis v. United States, 110 Fed.Appx. 527 (6th Cir.2004)(“An individual may consent to a search of his person, premises, or effects; and such consent to search is valid if it is voluntarily given.” Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973).). Although the magistrate judge commented that “the record contains little in the way of factual detail,” Magistrate’s Report, p. 60, he concludes only that “the Court cannot meaningfully determine whether Defendant Ford voluntarily and intelligently consented to the search of his vehicle,” finding a “he said/he said” situation with diametrically opposed testimony of Sgt. Butler and Michael Ford as to the vehicle search. The magistrate inaccurately found, however, that Michael Ford testified that he did not consent. Magistrate’s Report, p. 63; But see, Tr. of Evid. Hrg., p. 221. Beginning from this erroneous premise, the magistrate judge concluded that there was no valid basis for the search of Ford’s person and that the evidence should be suppressed. In determining whether consent was voluntarily given, the court must examine the totality of the circumstances. Schneckloth, supra. Neither Ford nor any of the co-defendants who were passengers in his vehicle provided evidence contrary to that of Sgt. Butler. In the absence of any basis to doubt the testimony of Sgt. Butler on this point, the court will find that Ford consented to the search of his person. Therefore, the evidence seized from his person will not be suppressed. The additional objections of the defendants are without merit. Kenneth L. Williams objects that the magistrate judge precluded him from eliciting testimony outside the four corners of the search warrant and affidavit. He does not elaborate on this general objection. There is therefore nothing for the court to address herein. Williams objects that the magistrate judge assumed facts regarding the inevitable discovery doctrine. We find no error. An ongoing investigation into the activities of Kenneth L. Williams led to the search warrant to place the tracking device in his vehicle. Had the vehicle not been towed on December 21, 2005, the device would have been placed on the vehicle in any event. No error has been shown in the magistrate judge’s finding of sufficiency of the search warrant affidavit. Williams was under surveillance and he was observed frequenting the storage unit around the time of the commission of various crimes with which he was suspected to be involved. Despite the suppression of the storage unit rental receipt, the mechanism for inevitable discovery of the evidence in question was clearly in motion. The scenario of inevitable discovery was grounded in facts found by the magistrate judge. Williams contends that, in light of the suppression of the evidence seized from his residence and vehicle, further suppression of evidence is warranted as fruit of the poisonous tree. However, in light of the surveillance establishing Williams’ multiple trips to the storage unit, the doctrine of inevitable discovery was properly applied by the magistrate judge. The objections of Christopher Allen Kittrell to the magistrate’s report warrant little discussion. The magistrate judge concluded that, as to any items seized from his person or any post-arrest statements he may have made, “Kittrell was taken into custody immediately following the stop of his vehicle and was arrested based on various traffic offenses witnessed by the police as they followed him that evening. He therefor was subject to the search incident to arrest doctrine as recently redefined in Arizona v. Gant, — U.S. —, 129 S.Ct. 1710 [173 L.Ed.2d 485] (2009). The interior of his vehicle was separately subject to search under the automobile exception discussed above.” Magistrate’s Report, p. 63. Kittrell was stopped and arrested on various traffic violations. As noted by the United States, the fact that he and his vehicle was under surveillance for suspected criminal activity does not render the stop impermissible. United States v. Blair, 524 F.3d 740, 748 (6th Cir.2008). Further, the investigating officers were investigating an alleged credit card theft and fraud conspiracy of which Kittrell was allegedly a member. The criminal conduct was said to have been ongoing over a period of time. Kittrell was suspected of participating in thefts on the day he was stopped on the return trip from Indianapolis. Kittrell and others were observed engaging in the precise pattern of activity which the informant described as the method by which thefts were conducted. Kittrell need not have been shown to have engaged in particular criminal acts on occasions prior to the day in question if he was shown to have associated himself with the alleged co-conspirators and was engaged in suspected criminal activity prior to the stop. United States v. Hughes, 895 F.2d 1135, 1141 (6th Cir.1990)(defendants involved in single criminal venture with more than one phase of criminal activity). When Kittrell’s vehicle was stopped and he was arrested, there was a fair probability that contraband or evidence of a crime would be found in his vehicle. Therefore, the magistrate judge correctly applied the automobile exception in recommending that we uphold the warrantless search of Kittrell’s vehicle. Michael Ford objects to the warrantless search of the trunk of his vehicle after he was stopped on his return from Indianapolis. Michael Ford, Keith Ford and Frederick Malone were travelers in that vehicle. Ford contends that the only evidence giving rise to a suspicion of criminal activity was seized from the person of Frederick Malone, not from the passenger compartment of the vehicle. He contends that there was no evidence that Malone acted in concert with anyone and therefore the search of the trunk was not based upon probable cause to believe that fruits of criminal activity would be found there. “The court’s determination of whether probable cause existed at the time of the search is a ‘commonsense, practical question’ to be judged from the totality of the circumstances.” Smith v. Thornburg, 136 F.3d 1070, 1074-75 (6th Cir.1998). The court looks at the “objective facts known to the officers at the time of the search.” Id. “Probable cause ‘may come from a confidential informant’s tip, when sufficiently detailed and corroborated by the independent investigation of law enforcement officers.’ ” United States v. Smith, 510 F.3d 641, 648 (6th Cir.2007), quoting, United States v. Lumpkin, 159 F.3d 983, 986 (6th Cir.1998). As set forth in the magistrate judge’s findings, The method by which the crimes were allegedly perpetrated by the defendants was meticulously detailed by the informant. Surveillance revealed the course of activities allegedly used by these individuals as described by the informant. Thereafter, a search of the person of Frederick Malone, an alleged co-conspirator and passenger in the vehicle of Michael Ford, yielded fruits of the alleged criminal activity. From the totality of the circumstances and all information known to the officers at the time of the stop, a fair probability existed that evidence of criminal activity would be found in the trunk. United States v. Riedesel, 987 F.2d 1383, 1389 (8th Cir.1993). Objections having been made and for the reasons set forth herein, IT IS HEREBY ORDERED AND ADJUDGED that: 1. The objections of the defendant, Michael Ford to the findings and recommendations of the magistrate judge (DN 284) are DENIED. 2. The objection of the United States to the findings and recommendations of the magistrate judge (DN 285) is GRANTED. 3. The objections of the defendant, Christopher Allen Kittrell, to the findings and recommendations of the magistrate judge (DN 286) are DENIED. 4. The objections of the defendant, Kenneth L. Williams, to the findings and recommendations of the magistrate judge (DN 287) are DENIED. 5. The Findings of Fact, Conclusions of Law, and Recommendations of the United States Magistrate Judge (DN 279) are ACCEPTED AND ADOPTED with the exception of the following: The findings of fact, conclusions of law, and recommendation with respect to the suppression of evidence from the person of Michael Ford (found at Magistrate’s Report, pp. 61-63) are rejected. The court’s analysis in this opinion with respect to the search of Michael Ford’s person constitutes the ruling of the court on this issue. The evidence seized from the person of Michael Ford will not be suppressed. 6. The motions of the defendant, Kenneth L. Williams, to suppress evidence seized from the search of his home and vehicle (DNs 109, 110) are GRANTED. 7. The motion of the defendant, Kenneth L. Williams, seeking suppression of evidence relating to the seizure of his vehicle and the installation of an electronic tracking device (DN 64) is GRANTED IN PART AND DENIED IN PART. 8. The motion of the defendant, Michael Ford, to suppress evidence seized from his vehicle (DN 203) is DENIED. 9. The motion of the defendant, Christopher Allen Kittrell, to suppress evidence seized from his vehicle (DN 215) is DENIED. 10.The following items are SUPPRESSED FROM EVIDENCE AT THE TRIAL OF THIS MATTER: A. The items seized from 9938 Apollo Court, Louisville, Kentucky, on January 4, 2006. B. The items seized from the gold Suburban automobile of Kenneth L. Williams on January 4, 2006. C. The photocopy of the storage unit rental receipt for Stor-All storage unit # 5592 obtained on December 21, 2005. IT IS SO ORDERED. FINDINGS OF FACT CONCLUSIONS OF LAW AND RECOMMENDATION DAVE WHALIN, United States Magistrate Judge. INTRODUCTION This matter comes before the Court to consider various motions to suppress filed by several of the Defendants in this prosecution for conspiracy to commit bank fraud, identity theft, aggravated identity theft, obstruction of justice, and forfeiture. The motions arise from the investigation of an alleged interstate ring of pickpockets. The Government claims that members of the ring would steal identification and credit cards from restaurant patrons and sports fans, then use them to falsely obtain merchandise and gift cards worth many thousands of dollars. Five motions to suppress are now before the Court. Defendant Kenneth L. Williams has moved to suppress from evidence information obtained by the placement of a tracking device on his automobile on Dec. 21, 2005. He also has filed separate motions to suppress all items seized during the execution of search warrants on Jan. 4, 2006, at his home at 9938 Apollo Court in Louisville, Kentucky, and at storage unit # 5592 of a storage facility located at 10007 Dixie Hwy. in Louisville. Defendant Michael Allen Ford has filed a motion to suppress all evidence obtained from the warrantless stop and search of his automobile on Jan. 15, 2006. Defendant Christopher Allen Kittrell likewise has moved to suppress all evidence obtained from the separate warrantless stop of his own automobile on the same date. The Court conducted an evidentiary hearing on these various motions on Feb. 9, 2009. The parties have filed post-hearing memoranda of law. Accordingly, the motions to suppress are now ripe for consideration. The Second Superseding Indictment. The present federal prosecution involves a complex, multi-defendant investigation of an alleged interstate pickpocket ring. Essentially, two conspiracies to commit bank fraud involving aggravated identity theft are alleged in the second superseding indictment filed by the United States. Count 1 of the indictment charges that between Jan. 1, 2000, and Jan. 25, 2006, the Defendants engaged in an ongoing conspiracy to commit bank fraud in violation of 18 U.S.C. § 1344. These Defendants include Kenneth L. Williams, Kenneth A. Williams, Darrin Lee Williams, Sky Royce Greenlee (a/k/a Jason Caldwell), Frederick Malone, Christopher A. Kittrell, Michael A. Ford, Keith Ford and John Yarborough. The Government alleges in count one that the named Defendants used credit cards and credit card numbers belonging to other individuals, issued by federally-insured banks, to fraudulently obtain money, goods and services. According to the Government, the means and manner of the conspiracy involved various groups of Defendants traveling to restaurants and sporting events where they would attempt to steal the identification and credit cards of unsuspecting patrons. The Defendants would then confirm that the stolen credit cards were valid. Using an identification-making kit, they would create false identification to permit them to fraudulently use the stolen credit cards to falsely obtain a total of over $140,000 worth of goods and services. The second superseding indictment sets out examples of the substantial steps taken by the conspirators in furtherance of the object of their conspiracy. For example, it alleges that Defendants Kenneth L. Williams and Kenneth A. Williams traveled to Detroit, Michigan, between May 25 and June 15/2005, where, using false military identification, they fraudulently obtained three laptop computers purchased with stolen credit cards. The indictment continues to allege that Defendants Frederick Malone and Christopher A. Kittrell in September of 2005, traveled to St. Louis, Missouri, where they pickpocketed sports fans attending a St. Louis Rams football game, stealing their credit cards and identification, which they used in similar fraudulent transactions. Count 1 next alleges that on Nov. 21, 2005, Defendants Kevin L. Williams, Sky Greenlee and John Yarborough pickpocketed a victim, J.G.M., at a Golden Corral Restaurant in Florence, Kentucky, and attempted to pickpocket another victim, A.H., on the same date at a Cracker Barrel Restaurant also in Florence. The same group, along with Darrin L. Williams, is alleged in Count 1 to have pickpocketed a third victim, E.S.Sr., on Dec. 21, 2005, at a Speedway gas station in Louisville, where they allegedly disposed of identification documents from prior victims they had pickpocketed. Two days later, on Dec. 23, 2005, the same ring members allegedly engaged in transactions using the stolen credit cards to obtain $2,000 worth of goods from a Dillard’s dept, store located in the Jefferson Mall in Louisville. Finally, Count 1 alleges that on Jan. 15, 2006, Defendants Frederick Malone, Christopher A. Kittrell, Michael Allen Ford and Keith Ford traveled by car from Louisville to the RCA Dome in Indianapolis, Indiana, taking with them an identification making kit, where they pickpocketed the wallet of victim D.R., containing the victim’s identification and credit cards, and returned to Louisville. Counts 2-4 of the second superseding indictment contain charges of identity theft against Defendants Kenneth L. Williams, Kenneth A. Williams, Darrin Lee Williams, Sky Greenlee and John Yarborough, all of whom are charged with the possession of a U.S. military identification document, knowingly produced without lawful authority, to wit, counterfeit military identification cards in violation of 18 U.S.C. § 1028(a)(6). Counts 5-11 of the indictment charge the same Defendants with aggravated identity theft of seven victims as a result of the conspiracy to commit bank fraud alleged in Count 1. The Defendants- are alleged in these counts to have knowingly transferred, possessed and used without lawful authority the means of identification of the seven victims in the course of the events, and on the dates and times set forth above. Count 12 charges Kenneth L. Williams with obstruction of justice when he attempted on June 15, 2005, to discard an envelope containing receipts for computer purchases in the Eastern District of Michigan in an effort to impede a criminal investigation in violation of 18 U.S.C. § 1519. Count 13 charges a separate act of obstruction of justice by Defendants Frederick Malone, Christopher A. Kittrell, Michael A. Ford and Keith Ford, when they knowingly removed and threw away an electronic tracking device attached to the vehicle of Michael Ford on Jan. 15, 2006. Counts 14-19 of the second superseding indictment contain charges that involve Defendants Kenneth A. Williams and James Quisenberry. Count 14 charges a second conspiracy to commit bank fraud in violation of 18 U.S.C. § 1344. Specifically, the indictment alleges that in furtherance of the objects of this conspiracy, Kenneth A. Williams and Quisenberry, on or about May 17-18, 2006, entered the residence of E.M.H. at 1784 Wilson Ave. in Louisville, where they shot and killed E.M.H. and shot her two-year-old daughter while stealing credit cards and identification documents from a safe in the home. Kenneth A. Williams and Quisenberry then allegedly disposed of the stolen credit cards and identification documents belonging to the two victims near 2000 Crums Lane in Louisville, between May 18-21, 2006. Counts 15-19 of the second superseding indictment allege five acts of aggravated identity theft in violation of 18 U.S.C. § 1028A(a)(l) and (c)(5) against the same two Defendants arising from the same sequence of events involving E.M.H. Count 20, the final count of the indictment, is a forfeiture count brought pursuant to 18 U.S.C. §§ 982 and 1028. FINDINGS OF FACT a. The Investigation. The motions to suppress now under review involve three vehicle stops and the execution of three search warrants. On Dec. 21, 2005, officers of the Louisville Metro Police Department (LMPD) performed a warrantless stop of the gray Lincoln Town Car of Kenneth L. Williams. Williams was arrested at that time for driving on a suspended driver’s license. Police seized his automobile and towed it to the headquarters of the LMPD Intelligence Unit, where the vehicle was entered by technicians pursuant to a search warrant to install a permanent electronic tracking device. The vehicle subsequently was returned to Williams, who was kept under surveillance using the surreptitiously installed tracking device. This surveillance led to the issuance of two more state search warrants on Jan. 4, 2006, one for Kenneth L. Williams’ home and another for a storage unit he rented. The warrants were executed by LMPD officers on the day they were issued. The ensuing search of the storage unit by police uncovered numerous gift cards, $40,000 in cash, marijuana, equipment used to manufacture false identification cards, and a wallet containing stolen credit cards. The search of Kenneth L. Williams’ home on Apollo Ct. and two vehicles found parked there revealed bags of newly purchased clothing, assorted gift cards, $4,800 in cash, several baggies of marijuana, and various items of merchandise. More gift cards and a rental receipt for the storage unit were discovered in one of the vehicles parked outside the home. Subsequently, on Jan. 15, 2006, LMPD officers made separate warrantless stops of two vehicles, one driven by Defendant Michael A. Ford and the other by Christopher A. Kittrell, as they returned from a professional football game in Indianapolis. These warrantless vehicle stops were the result of information provided by Defendant Darrin Williams along with an investigation and surveillance by LMPD and federal law enforcement officers as described below. On Dec. 9, 2005, Sgt. Denny Butler of the Intelligence Unit of the LMPD, was contacted by a detective "with the police department of Florence, Kentucky. (DN 252, Transcript of hearing (TH) pp. 25, 28-29, 33-36). The Florence detective advised Butler during their telephone conversation, that stolen credit cards taken from a restaurant patron in Florence were being used in the Louisville area. At Sgt. Butler’s request, the Florence detective electronically mailed him a surveillance photograph showing three black male suspects departing from a Cracker Barrel restaurant in a dark-colored Lincoln Town Car. (Id. at 33-36). The men were suspected of having attempted to steal the credit cards and identification of one of the restaurant patrons at the Cracker Barrel and at another local restaurant. Local police examined the Cracker Barrel surveillance photos and identified Defendants Kenneth L. Williams and Sky Greenlee as being two of the three suspects allegedly involved in the theft. Investigation by the LMPD determined that Kenneth L. Williams in fact did own a gray Lincoln Town Car, license no. 815-AMD. (Id. at 37-38). Members of the LMPD Intelligence Unit attempted to set up surveillance on Williams’ automobile. (DN 252, T.H. p. 25). Despite the involvement of a number of unmarked police vehicles, they were unable to maintain surveillance on Williams, a career criminal with a long criminal history, due to his evasive driving tactics. (Id. at 39410). The officers, however, did manage to follow the Town Car to Kenneth L. Williams’ home at 9938 Apollo Court in Louisville. (Id. at 39). Because the attempt at visual surveillance was not sufficient, Sgt. Butler decided that the officers should apply for a search warrant to attach a permanent, hidden electronic tracking device to the electrical system of the Town Car. (Id. at 40). Sgt. Butler was in the process of drafting the search warrant on Dec. 21, 2005, when one of the LMPD Intelligence Unit’s detectives, Officer Marcus Latham, observed Kenneth L. Williams driving the Town Car near Seventh Street and Racine in Louisville. (Id. at 40-41). Det. Latham and Sgt. Butler were both aware that Williams’ operator’s license had been suspended and therefore he was driving illegally. (DN 252, T.H. p. 25). A decision was made to stop the Town Car and arrest Williams for driving on a suspended operator’s license. (Id. at 42). LMPD uniformed officers ultimately stopped the Town Car in the parking lot of a Home Depot store located on Dixie Hwy. in Louisville. Officers took Williams into custody and placed him in the back of a police cruiser. Prior to being arrested, he telephoned his cousin, Cherie Chavon Liggons to request that she and his wife, Nicia Williams-Brown, come to the parking lot to recover his automobile. (DN 252, T.H. p. 58-60). When the women arrived at the parking lot, Kenneth L. Williams was already in custody in a police cruiser. (Id. at 61). Although the Town Car was parked in the hardware store’s parking lot, and not on the street, police refused to release the vehicle to the two women. (Id. at 61-62). After the women left, a police tow truck took the Lincoln Town Car to the local headquarters of the LMPD Intelligence Unit so that technicians could attach a permanent electronic tracking device to the electrical system of the automobile once the search warrant was obtained. (Id. at 47). While these events were unfolding, Det. Juan Garrett of the LMPD Intelligence Unit was obtaining a search warrant to attach the electronic surveillance device from Chief Judge James Shake of the Jefferson Circuit Court. (DN 252, T.H. p. 26-27, 48). The search warrant and affidavit to attach the electronic surveillance device each contained the following information: On 12-09-05 Florence KY police department sent surveillance photos from a Craker (sic) Barrel Restaurant, containing photos of three b/m individuals involved with the theft of a purse from a patron in the store. Detective from Florence stated the stolen credit cards were being used in the Louisville area and the suspects were seen leaving in a grey Lincoln Townear, Mr. Kenneth L. Williams, b/m, DOB 02-22-1968, SSN [ XXX-XX-XXXX ], was identified (sic) as one of the suspects. LMPD crimes against seniors unit stated they have similar reported crimes at local Cracker Barrel restaurants involving three b/m’s. On 06-15-05 Kenneth L. Williams and a Kenneth A. Williams were stopped in Detroit Michigan and were in possession of fraudulent military identifications. On 12-16-05 Detectives from LMPD’s Criminal Intelligence Unit observed Kenneth L. Williams and Kenneth A. Williams at the residence 9938 Appollo (sic) Ct. and both using the listed vehicle. Surveillance over the last week has been impossible due to Mr. Williams driving techniques to avoid being followed. Acting on the information received, affiant conducted the following independent investigation: Since 12-15-05 the LMPD criminal intelligence unit has attempted to conduct surveillance on the listed vehicle and has lost the vehicle. On todays date Mr. Kenneth L. Williams was stopped for a traffic offense and subsequently arrested for driving on a suspended o/l. Mr. Kenneth L. Williams has an extensive criminal record. Criminal History reveals numerous arrest and convictions for fraud related issues ranging from fraudulent use of credit cards to theft by unlawful taking over $300.00. Mr. Williams has been a persistent felony offender in the first degree. The Florence Police Department, LMPD and the FBI have active felony criminal fraud investigations on Mr. Kenneth L. Williams. Affiant has reasonable and probable cause to believe that the grounds exist for the issuance of a court order, based on the aforementioned facts, information and circumstances and affiant further prays that a court order be issued to authorize the affiant or any peace officer with authority in Jefferson County Kentucky, to attach, install and affix electronic tracking devices (beepers) to any watereraft/aircraft/motor vehicle(s), or in or to any cargo contained there in, used by said A grey Lincoln Towncar KY Tag 815-AMD, Registered to Kenneth L. Williams. (DN 65, Mot. to Suppress, Ex. 1, Town Car search warrant). While Det. Garrett was obtaining the search warrant for the electronic tracking device, technicians with the Intelligence Unit were examining the exterior of the vehicle while awaiting verification of the warrant to begin the process of covertly attaching the electronic tracking device to Williams’ car. (DN 253 T.H. p. 49-50). On receiving notice that Judge Shake had signed the search warrant at 1:25 p.m. on Dec. 21, 2005, technicians entered the Lincoln Town Car and began to prepare to attach the GPS tracking device. (Id. at 50). Photographs were taken of the interi- or of the Town Car so that all of the contents could be returned to their original position inside the vehicle to divert any possible suspicion of tampering. (Id. at 51-52). In the process of documenting the contents of the vehicle, officers photographed, removed, copied and returned a rental storage receipt for the aforementioned storage unit, unit # 5592 at the Stor-All facility on Dixie Highway. (Id. at 53-54). The rental receipt was found in a door pocket. After technicians had finished installing the hidden electronic tracking device, Williams’ Lincoln Town Car was towed to the LMPD regular impoundment lot where Williams, upon being released, recovered the vehicle without discovering the hidden tracking device. (DN 252, T.H. pp. 27-28, 55). LMPD officers then proceeded to continue their surveillance on the vehicle. This surveillance, along with other information gathered in the investigation, led LMPD Det. Stacey Redmon to obtain two search warrants from Judge Shake on Jan. 4, 2006. One of the warrants authorized the police to search Kenneth L. Williams’ home at 9938 Apollo Court, along with his Town Car and a gold-colored Chevrolet Suburban. (DN 113, Ex. 1, Apollo Ct. search warrant). The second search warrant authorized the police to search storage unit # 5592 at the Stor-All facility at 10007 Dixie Hwy. (DN 115, Ex. 1, Storage Unit search warrant). The search warrant for the Apollo Court residence authorized LMPD officers to search for and seize items associated with the use or manufacture of stolen credit cards, personal identifications, gift cards, and military IDs, to include, but not limited to, computer equipment, receipts and any property obtained by fraudulent means. The search warrant for the rental storage unit contained similar language, but included any vehicle located inside the unit capable of concealing stolen or fraudulent credit cards and/or identifications. In support of the search warrant for Kenneth L. Williams’ home, Det. Redmon included the following information in her affidavit: On the 9 day of December, 2005, at approximately 11:00 a.m. affiant received information from/observed: The Florence KY Police Department sent surveillance photos from a Cracker Barrel restaurant containing 3 unknown B/M’s involved in thefts of wallets and purses. Stolen credit cards from the thefts were being used in the Louisville area. The 3 individuals were identified as Kenneth L. Williams, Sky Greenlee and John Yarborough. On 12-21-05, the LMPD Criminal Intelligence Unit attached a tracking device to the vehicle driven and registered to Kenneth L. Williams (pursuant to a search warrant and court order). On 12-23-05 Kenneth L. Williams, along with 3 other individuals took wallets from victims using force against the victims at Kirlands (sic) store in Oxmoor Mall and the Speedway store on the Outer Loop. Kenneth L. Williams and his 3 accomplices used the victims credit card from the Speedway offense at the Jefferson Mall Dillards 4 times purchasing $1500.00 worth of gift cards. Through surveillance and investigation detectives confirmed Kenneth L. Williams resides at 9938 Appollo (sic) Ct. Lou Ky. and has an extensive criminal history involving fraudulent criminal offenses. (DN 113, Ex. 1, p. 2). Det. Redmon provided the following information in support of the search of storage unit 5592: On the 21 day of December 2005 at approximately 3 p.m. affiant received information from/observed: executed a search warrant and search incidental to arrest on 12-21-05 on a Lincoln Town-car Ky tag 815.AMD, registered to Kenneth L. Williams and found a rental agreement between Stor-All Dixie and Kenneth L. Williams. Mr. Williams has rented unit # 5592 at Stor-All 10007 Dixie Hwy. Acting on the information received, affiant conducted the following independent investigation: Surveillance has indicated Mr. Williams frequants (sic) the storage unit prior to and/or directly after committing criminal acts. On 12-23-05 Mr. Williams and 3 associates stole wallets from 2 victims using force and fraudulently used stolen credit cards 4 separate times. A criminal history of Kenneth L. Williams reveals numerous convictions on crimes associated with theft and fraud offenses. Detectives confirmed with Stor-All Dixie that unit # 5592 is currently rented by Kenneth L. Williams. Judge Shake reviewed both search warrants, which were presented by Det. Redmon simultaneously on Jan. 4, 2006. The judge signed both search warrants at approximately 2:35 p.m. that day. LMPD officers then proceeded to immediately execute the warrants that afternoon. The search of 9938 Apollo Court began at 3:30 p.m. and ended at 5:15 p.m. Officers searched the home, Williams’ Lincoln Town Car and a silver chevy Suburban located on the property. The search uncovered marijuana, bags of clothing, assorted gift cards, $4,800 in the house and more gift cards in both vehicles. (DN 114, seized property list). Other LMPD officers simultaneously executed the search warrant at the Stor-All rental unit where they discovered the earlier mentioned cash, credit cards and identification making equipment. The results of these two searches are the subject of motions to suppress filed by Kenneth L. Williams (DN 109, 110), who challenges the sufficiency of both the search warrant affidavits on their face. b. Vehicle Stops and Searches. The final matter involves the warrant-less police stop of Defendants Michael Ford and Christopher Kittrell’s respective automobiles during the early evening of Sunday, Jan. 15, 2006, when both men were returning from a Colts professional football game held at the RCA Dome in Indianapolis. LMPD Sgt. Denny Butler testified concerning the circumstances that led to the stop of the vehicles. (DN 252, T.H. pp. 73-191). Butler explained that several days prior to Jan. 15, 2006, the LMPD received information from Defendant and co-conspirator Darrin L. Williams, who had been arrested on a separate robbery charge. (Id. at 74-75, 191— 192). Darrin Williams advised the police that there would be two groups of individuals who would be traveling to the Indianapolis football game on Sunday, Jan. 15, to steal credit cards from sports fans attending the event. (Id.). Williams told the police that Ford and Kittrell would be traveling separately to the game on the 15th from their respective homes. (Id.). He identified Michael Ford’s automobile as being a 1993 gray Buick Roadmaster. He also accompanied the police to Kittrell’s neighborhood and pointed out Kittrell’s car, a 1973 blue Ford Thunderbird. Williams informed the police that Kittrell and Ford would leave Louisville early Sunday morning and drive separately to the game. Each of the two groups according to Williams would have between two-to-four members who would work in concert with each other to steal credit cards from sports fans. (Id. at 74-75). They would then immediately use the stolen credit cards to buy gift cards and merchandise at nearby Indianapolis stores that they had previously selected. (Id. at 75). Although Darrin Williams had been invited to go to Indianapolis to participate in the thefts, police instructed him not to go. Based on this information from Darrin Williams, police established surveillance on Kittrell’s Bank Street home in Louisville and on Ford’s home at 18th and Magazine Streets. (Id.). To ensure that police would be able to maintain surveillance on the two automobiles, they decided to externally attach battery-powered tracking devices to each of the automobiles prior to their separate departure on Sunday morning. LMPD officers believed that effective surveillance would be essential because, according to Darrin Williams, the two groups would have maps of the city with them and would know the various store locations that they were going to visit, as well as the shortcuts to get to those locations. (Id. at 75-76). The intended plan, as described to police by Williams, was that while one group of Defendants stole credit cards, the other group would take the stolen cards and immediately go to local stores to use them as soon as possible, while the other group continued to obtain more stolen credit cards and identification from unsuspecting fans. (Id). Given the prior difficulty in maintaining surveillance on Kenneth L. Williams’ Lincoln Town Car, the police determined that installation of electronic tracking devices, known as “bird dogs,” would be necessary to continue surveillance on the two cars as they traveled to Indianapolis. (Id. at 76). Sgt. Butler observed one bird dog being attached to Michael Ford’s automobile outside his home in the early morning hours of Jan. 15, 2006. (Id. at 76-77). The bird dog, as described by Butler, broadcasts a directional signal that permits individuals monitoring the signal to know the general direction of travel of the vehicle. (Id. at 77, 84). Unlike the electronic tracking device hard-wired to Kenneth L. Williams’ Town Car, the bird dogs that police installed were self-powered transmitters with a limited battery life that were attached to the automobile’s exterior using magnets. Butler explained that attachment of such a self-powered, external tracking device can be completed in a matter of seconds. Such tracking devices were installed by the LMPD on Michael Ford’s Buick Roadmaster, and on Kittrell’s Thunderbird, both of which Darrin Williams had specifically pointed out to the police earlier in the week. (Id. at 79). Darrin Williams provided additional details prior to Jan. 15, about how the conspirators would operate upon arrival in Indianapolis. According to him, the two vehicles would park together once they arrived at the game site. (Id. at 80). Ford and Kittrell would leave the car keys to each vehicle under the floor mats in the respective vehicle in case either one of them was captured or arrested, so that the remaining members of the gang would have transportation home. (Id.). The vehicles also would park together so that the two groups could maintain communication with each other, and be ready to redirect their resources, if one group was able to successfully steal stolen credit cards and identification. (Id.). Darrin Williams explained to police that the usual practice of the Defendants was to go to the bottleneck areas such as street intersections or ticket windows where large numbers of people were in contact with each other, so that it was easier to pickpocket their victims. Although Williams identified certain co-Defendants as individuals whom he thought might be going to Indianapolis on the 15th, he cautioned police that he could not be sure exactly who was going to go that day. (DN 252, T.H. p. 81). Immediately prior to that Sunday the 15th, the LMPD pooled its resources with the U.S. Secret Service. (Id. at 83). The officers divided into two teams with one team, Sgt. Butler’s team, being designated to maintain surveillance on Michael Ford and the other team, headed by Secret Service Special Agent Michael Davis, being tasked to follow Christopher Kittrell. (Id.). As Darrin Williams predicted, Michael Ford’s vehicle left Louisville early on the morning of the 15th. Sgt. Butler’s team maintained surveillance on Ford during the approximately hour and a half trip to Indianapolis. En route, they learned that Kittrell’s own automobile had departed Louisville later that morning for Indianapolis, also as Darrin Williams predicted, driving at a high rate of speed northward on 1-65. (Id. at 85). Upon arrival, Sgt. Butler observed Ford’s automobile parked on the grass next to a sidewalk several blocks south of the RCA Dome. (Id. at 85-86). Kittrell’s automobile arrived later and parked directly next to Ford’s automobile, again as predicted by Williams. (Id. at 86). Officers observed the occupants of both automobiles join up and begin to walk toward the stadium. (Id.). Although the officers attempted to follow the group on foot, they lost the group in the crowd approaching the stadium. Officers had alerted security at the RCA Dome to the situation and attempted to use the existing camera security system at the Dome to locate the Defendants, without much success. (Id.). Sgt. Butler estimated that 10-to-12 law enforcement officers, federal and local, were involved in the surveillance at that point. (Id.). Officers did determine via the same security cameras that Kenneth L. Williams was present, although they did not see him in either of the two vehicles. (Id. at 87). Otherwise, the officers were not able to determine exactly who had traveled to Indianapolis with Michael Ford and Christopher Kittrell that day until the two vehicles were stopped late in the afternoon on their return to Louisville. At that time, Michael Ford’s automobile contained Ford and two passengers, co-Defendants Fred Malone and Keith Ford. Kittrell’s car contained only one passenger, Kenneth A. Williams. (Id. at 88). After the officers lost track of the group walking in the crowd outside the stadium, they observed several members return to the automobiles carrying a bag. (Id.). One of the two cars then left. The officers, however, were not able to keep track of that vehicle after it drove off. (Id.). Upon its return, and the departure of the occupants, the officers decided to attach additional external tracking devices to both cars. These devices, unlike the “bird dogs” earlier attached were GPS tracking devices with two antennas that would enable officers monitoring their signal to determine the map grid locations of the vehicles being monitored. (Id. at 88-89). After undercover officers attached the second set of electronic tracking devices to the undercarriage of each automobile, the Defendants returned to their respective cars at the end of the football game. As Michael Ford’s Buick was pulling onto the street, the car bottomed out, scraping its rear end on the curb. (Id. at 89-90). When the occupants got out to examine the rear undercarriage of the car, police believe that they spotted one of the antennae hanging down from the recently attached GPS electronic tracking device. (Id. at 95-96). From that point forward Ford drove in a very cautious manner, carefully obeying all of the speed and traffic laws. (Id. at 90). The occupants in Ford’s car seemed to Sgt. Butler to be more curious about their surroundings. They appeared to be looking around as if to try to look for surveillance. (Id. at 91). Sgt. Butler explained that Ford’s driving habits on the trip home that afternoon were significantly different from what Butler had observed earlier that morning when Ford was driving up to Indianapolis. In fact, the difference in driving was so significant as to make Sgt. Butler believe that the investigation probably had been compromised by the discovery of the GPS antennae. (Id.). Law enforcement officers maintained surveillance on the two cars as they drove south on 1-65 from Indianapolis. After approximately 15 miles, both vehicles pulled off the interstate and into the parking lot of a nearby McDonald’s restaurant. (Id. at 92). Soon thereafter, the GPS signal from Michael Ford’s automobile became inactive. Officers learned later, following the stop of both vehicles, that the tracking device had been removed from Ford’s car and left in a garbage can inside the McDonald’s restaurant. (Id.). On learning what had occurred to the tracking device, Sgt. Butler contacted the manager at the restaurant. (Id. at 93-94). The manager was able to recover the tracking device from the garbage can. Information concerning the discarded tracking device was provided by both Keith Ford and Frederick Malone following the stop of Michael Ford’s automobile later that same day. (Id.). Sgt. Butler observed the two vehicles leave the McDonalds restaurant and resume heading southward on 1-65. (Id. at 102). As he followed, Sgt. Butler notified the patrol division of the LMPD of the approaching vehicles so that marked LMPD police cruisers could stop Kittrell’s and Ford’s automobiles when they approached Louisville. (Id. at 101-102). Sgt. Butler related that when the Defendants saw two LMPD police cruisers parked at the side of the interstate near Louisville, their driving tactics changed dramatically. The two vehicles immediately split up. (Id. at 103). The Buick Road-master driven by Michael Ford exited the interstate and began to drive in an evasive manner. (Id.). After Ford’s car crossed over the Second Street bridge into Louisville, it was stopped at the intersection of Second and Main Streets. (Id.). According to Butler, the traffic stop of Ford’s car occurred at approximately 7:45 p.m. (Id. at 104). Butler arrived on the scene of he traffic stop shortly after the vehicle was stopped. (Id.). On arriving, he identified all three of the Defendants in the vehicle as being Michael Ford, Keith Ford and Frederick Malone. (Id.). Sgt. Butler talked to each of the three Defendants and obtained verbal consent from Michael Ford to search the vehicle. (Id.). Butler testified that each of the three men consented to a search of their person. (Id. at 104-05). At that point, police discovered the stolen identification taken from victim D.R. The identification was found in a shoulder pocket of Defendant Malone’s windbreaker. When Malone saw the stolen ID, credit cards and Social Security card police discovered in his sleeve pocket, he hung his head. The officers additionally discovered three $100 bills on Michael Ford (Id. at 107), along with a number of gift cards for various restaurants (Id. at 108) and three more $100 bills on Defendant Malone. (Id. at 114). Subsequent investigation that day revealed that the Social Security card, Visa card, Macy’s card and Indiana driver’s license of victim D.R. were stolen from him at the Indianapolis colts’ game earlier that same day, along with six $100 bills. (Id. at 108, 115). Although the officers did not learn of this theft under after the stop of Michael Ford’s vehicle, Sgt. Butler testified that the basis for the stop was the criminal activity confirmed by the officers’ observations of the Defendants (Id. at 111-112), which directly supported the detailed information provided by Darrin Williams, who had correctly identified the vehicles to be used, their owners, the location of the vehicles, the two groups’ time of departure, their route, their proximity on arrival, the ultimate destination of the occupants, their manner of dress, and the operational procedures for their criminal activity (DN 252, T.H. pp. 112-113). Sgt. Butler explained that all of Darrin Williams’ information was corroborated by the activities of Defendants Michael Ford and Christopher Kittrell that day. (Id. at 113). Accordingly, Butler explained that the police stopped Ford’s automobile based on their belief that the occupants had been involved in the commission of a felony. (Id. at 114). Examination of the clothing worn by the three men in the car revealed that each man was wearing layered clothing. Sgt. Butler found this fact to be significant because Darrin Williams also had advised police that one of the techniques used by the group to avoid being caught was to switch clothing and hats between each theft. (Id. at 116, 119). Also discovered in the vehicle was a medical card for victim C.R., a purse, and assorted empty wallets. (Id.). Defendant Malone at the time of the stop had in his rear pants pocket a brown wallet that contained two small photographs capable of being placed over the top of a driver’s license photograph in order to create false identification. (Id. at 117-18). Police found in the trunk of the car a power converter and a Polaroid camera, items described by Darrin Williams as being used to make fake IDs while traveling. (Id. at 116-117). Sgt. Butler testified that following the stop of Michael Ford’s vehicle, Defendant Malone voluntarily agreed to speak with police about the events of the day. (Id. at 119). Malone confirmed the information provided by Darrin Williams, adding that the only victim they successfully pickpocketed that day was D.R. According to Malone, the group was not having a good day and left Indianapolis promptly that afternoon because the Colts had lost the playoff game. (Id.). The loss meant that they would not have as easy a job of stealing wallets and purses since the crowd would be upset, as opposed to occasions when the home team wins, and the fans become boisterous and animated, making the job of stealing wallets much easier. (Id. at 119— 120). Det. Stacy Redmon of the LMPD was present at the stop of Defendant Kittrell’s blue Ford Thunderbird. (DN 252, T.H. p. 193-194). Redmon testified that the stop occurred at the intersection of 22nd Street and Portland Ave. in Louisville. According to Redmon, Kittrell’s car was stopped both for traffic violations and as a result of the ongoing criminal investigation. (Id. at 194). The specific traffic violation, according to Redmon, was reckless driving. (Id.). The detective, however, did not make the traffic stop herself. Instead, she and Special Agent Davis arranged for two marked patrol cars to make the traffic stop and arrived on the scene immediately thereafter. (Id. at 195). Detective Redmon did observe, however, the driving behavior of Defendant Kittrell that led to the charge of reckless driving. (Id. at 196). According to her, Kittrell began speeding and weaving in and out of automobiles after passing the marked LMPD units stationed alongside the interstate just north of Louisville. (Id.). He ultimately was cited for both reckless driving and for a lack of automobile insurance. Following the initial stop, Kittrell’s car was searched with his consent, according to Det. Redmon, who remained at the scene of the stop throughout the arrest of Defendant Kittrell and the search of his car. (Id. at 196-197). Redmon recalled that the entire car was searched and a number of clothing items seized, along with an empty wallet. (Id. at 197-198). On Cross-examination, Redmon confirmed that Sgt. Butler made the order to make a stop of Kittrell’s vehicle approximately an hour earlier. (Id. at 200-201). Redmon agreed that Kittrell was not charged with speeding or with making illegal lane changes, although he was cited for reckless driving and driving without car insurance. (Id. at 205, 211). Ultimately, the reckless driving charges were dismissed and Defendant Kittrell entered a plea of guilty to the non-insurance charge, which was amended to a second offense, according to Kittrell’s attorney in the matter, Richard Receiver. (Id. at 218-219). Defendant Michael Ford also testified concerning the events of Sunday, Jan. 15, 2006. According to Ford, he got up that morning at approximately 9 a.m. and went to Bates Memorial Church on Clay Street. (DN 252, T.H. pp. 220-221). After the service, he left the church at approximately 11 a.m. and went to pick up eo-Defendants Keith Ford and Frederick Malone. (Id. at 221). The group then stopped briefly at his house where they ate and then left for Indianapolis at approximately 11:30 a.m. (Id. at 223-224). Ford denied that he ever gave Sgt. Butler permission to search his car at the traffic stop later that afternoon. (Id. at 221). CONCLUSIONS OF LAW The Court begins its legal analysis with those issues that relate to the vehicle stop of Kenneth L. Williams’ Lincoln Town Car on Dec. 21, 2005, and the subsequent towing of the vehicle to the LMPD Intelligence Unit headquarters where technicians installed the hidden electronic tracking device pursuant to the search warrant issued by Chief Judge Shake. Williams constitutionally challenges these events in a number of respects. Specifically, he argues that the pretextural warrantless stop of his vehicle, ostensibly made to arrest him for driving on a suspended operator’s license, violated the Fourth Amendment’s requirement of reasonableness. He also argues that the police lacked a reasonable basis under the Fourth Amendment to seize his car without a warrant so that it could be towed, when the vehicle was lawfully parked in a parking space at the Home Depot parking lot and Williams’ wife and her friend were available at the scene to lawfully drive the vehicle away. Finally, Williams argues that the search warrant issued to permit the installation of the electronic tracking device was not supported by probable cause, and indeed, was based on so little information that the state judge could not have issued the search warrant in good faith under the Leon standard. 1. The Warrantless Stop of Dec. 21, 2005. The initial Fourth Amendment issue involving the warrantless stop of Williams’ automobile does not require extended analysis. Well-established case law permits law enforcement officers to stop a vehicle when either probable cause or a reasonable suspicion exists that the driver or other occupants of the vehicle, if any, are engaged in criminal activity. Under such circumstances, the police are permitted to make a traffic stop within the confines of the Fourth Amendment case law discussed immediately below. Under the law, a seizure occurs within the meaning of the Fourth Amendment when a driver is detained, however briefly, during the course of a routine traffic stop. See United States v. Edgerton, 438 F.3d 1043, 1047 (10th Cir.2006). Consequently, either probable cause or reasonable suspicion is required to justify the warrantless stop of an automobile. Id. The reasonableness of a warrantless investigative traffic stop by police is typically analyzed under the principles of Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Under the Terry doctrine, law enforcement officers may make a warrantless stop of a person or an automobile “where a law enforcement officer lacks probable cause, but possesses a reasonable and articulable suspicion that a person has been involved in criminal activity.” United States v. Hurst, 228 F.3d 751, 756-57 (6th Cir.2000); United States v. Sandridge, 385 F.3d 1032 (6th Cir.2004) (“When a police officer conducts a brief investigatory stop of a person in a vehicle, ‘the Fourth Amendment is satisfied if the officer’s action is supported by reasonable suspicion to believe that criminal activity may be afoot.’ ”) (quoting United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002)). Reasonable suspicion is determined by the totality of the circumstances. United States v. Smith, 263 F.3d 571, 588 (6th Cir.2001). The critical question is whether the officer’s involved had a particularized and objective basis for suspecting criminal wrongdoing. United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)(“An investigatory stop must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity.”). Officers in making such investigatory stops are permitted to draw upon their professional experience and specialized training to make inferences from and deductions about the facts available to them that might not seem significant to an untrained individual. Id. at 418, 101 S.Ct. 690. While the likelihood of criminal activity need not rise to the level required to establish probable cause, or even to establish a preponderance of the evidence, the officers may not conduct an investigative detention based merely upon an unarticulated “hunch.” Terry, 392 U.S. at 27. Unfortunately, the concept of reasonable suspicion is incapable of being reduced to a neat set of rules. Even factors which might independently seem innocent of themselves, when taken as a whole, may give rise to reasonable suspicion. See Ornelas v. United States, 517 U.S. 690, 695-696, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). See Alabama v. White, 496 U.S. 325, 110 S.Ct. 2412, 110 L.Ed.2d 301 (1990) (discussing the level of suspicion required for a Terry stop). Further, the collective knowledge of all the law enforcement officers involved in the stop may be taken into consideration when determining whether reasonable suspicion exists. See United States v. Miramonted, 365 F.3d 902, 905 (10th Cir.2004) (“Probable cause and/or reasonable suspicion can rest on the collective knowledge of law enforcement, rather than solely on that of the arresting officer.”). In this case, LMPD officers had more than a reasonable suspicion to conduct a stop of Kenneth L. Williams’ Lincoln Town Car on Dec. 21, 2005. As Sgt. Butler testified, he and Officer Marcus Latham were both aware at the time of the stop that Kenneth L. Williams’ operator’s license had been suspended. As a result, Williams could not lawfully operate his car on the public streets of Louisville. See KRS 186.620(2) (West 1997) (“No person ... whose operator’s license has been ... suspended ... shall operate any motor vehicle upon the highways while the license is ... suspended.... ”). Police therefore were lawfully entitled, and indeed required, to stop Williams from continuing to operate his motor vehicle without a valid license. Further, Williams did not deny in the state court proceedings that followed his arrest that his license was suspended. In fact, he acknowledged that probable cause existed for the police to arrest him that day. The fact that the LMPD Intelligence Unit had a second, investigative reason for the stop and arrest of the Defendant does not render the actions of the police unconstitutional. See Whren v. United States, 517 U.S. 806, 812-13, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); United States v. Blair, 524 F.3d 740, 748 (6th Cir.2008) (“As we have previously held, ‘police officers [may] stop vehicles for any infraction, no matter how slight, even if the officer’s real purpose was a hope that narcotics or other contraband would be found as a result of the stop.’ ”) (citing United States v. Mesa, 62 F.3d 159, 162 (6th Cir.1995)). Accordingly, an ulterior motive that co-exists with an otherwise lawful basis for a challenged stop made based upon probable cause or reasonable suspicion does not render the stop unlawful. 2. Towing of the Vehicle. During the evidentiary hearing, Kenneth L. Williams’ attorney argued that even if the initial stop of his client’s vehicle was lawful, police violated the Fourth Amendment when they removed the vehicle from the hardware store parking lot, where it was lawfully parked, without first obtaining a search warrant. In his post-hearing reply brief, Williams continues the same argument citing Arizona v. Gant, — U.S. —, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), and its recent restriction of the “search incident to arrest” doctrine, as further support for his challenge to the warrantless search and possible search of his vehicle. No question exists that “police have seized the vehicle once they call a tow truck to take it away.” United States v. Richards, 147 F.Supp.2d 786, 790-91 (E.D.Mich.2001) (citing Lewis v. Cardwell, 476 F.2d 467, 468 (6th Cir.1973), reversed on other grounds, 417 U.S. 583, 94 S.Ct. 2464, 41 L.Ed.2d 325 (1974)). The critical issue therefore is whether the warrantless seizure of Defendant Williams’ Town Car was reasonable within the meaning of the Fourth Amendment. A number of federal decisions discuss this exact issue. See United States v. Coccia, 446 F.3d 233, 237-41 (1st Cir.2006); Workman v. Cardwell, 471 F.2d 909, 910 (6th Cir.1972); United States v. Goodrich, 183 F.Supp.2d 135, 137-43 (D.Mass.2001). The Coccia and Goodrich decisions are particularly helpful exampl