color of law
Accomplished Advocate
imported post
United States v. Herrera , 444 F.3d 1238 (10th Cir. 2006):
A Kansas state trooper pulled over defendant's pickup truck
to conduct a random commercial vehicle safety inspection
pursuant to a state regulatory statute. Defendant's pickup,
however, was not a commercial vehicle subject to such random
inspections, about which the trooper was mistaken. The
defendant was unable to produce proof of insurance, and
the trooper arrested him. The trooper then conducted an
inventory search, and discovered 23 kilograms of cocaine. The
defendant was charged federally with possession of cocaine
with intent to distribute. He filed a motion to suppress,
that was denied. He was convicted, and appealed. Held:
Conviction reversed and case dismissed. Ruled: The traffic
stop was not based on probable cause, or reasonable
suspicion, and was not a valid administrative stop because
defendant's pickup was not a commercial vehicle subject to
random safety inspections . Hence, the warrantless stop
was unconstitutional. Moreover, the trooper's mistaken
belief concerning the statutory regulatory scheme did not
save the stop, search, and seizure because the trooper
had no lawful authority to make the random inspection and
there was no reasonable suspicion or probable cause. Thus,
the good-faith exception did not apply.
United States v. Herrera , 444 F.3d 1238 (10th Cir. 2006):
A Kansas state trooper pulled over defendant's pickup truck
to conduct a random commercial vehicle safety inspection
pursuant to a state regulatory statute. Defendant's pickup,
however, was not a commercial vehicle subject to such random
inspections, about which the trooper was mistaken. The
defendant was unable to produce proof of insurance, and
the trooper arrested him. The trooper then conducted an
inventory search, and discovered 23 kilograms of cocaine. The
defendant was charged federally with possession of cocaine
with intent to distribute. He filed a motion to suppress,
that was denied. He was convicted, and appealed. Held:
Conviction reversed and case dismissed. Ruled: The traffic
stop was not based on probable cause, or reasonable
suspicion, and was not a valid administrative stop because
defendant's pickup was not a commercial vehicle subject to
random safety inspections . Hence, the warrantless stop
was unconstitutional. Moreover, the trooper's mistaken
belief concerning the statutory regulatory scheme did not
save the stop, search, and seizure because the trooper
had no lawful authority to make the random inspection and
there was no reasonable suspicion or probable cause. Thus,
the good-faith exception did not apply.