Home -> Law Blog Directory -> Criminal Law Blogs -> Tenth Circuit Blog

Criminal Law

: Tenth Circuit Blog

Stop Found to Be Unreasonable Where Cop Mistakenly Believed Dealer Plates were Improper

By Shari Allison

US v. Pena-Montes, -- F.3d --, 2009 WL 4547058 (10th Cir. 12/7/09) - Officer initiated traffic stop on reasonable belief that the vehicle lacked a license plate, but observed after pulling it over that the vehicle had a "dealer tag." The officer made a mistake of law in assuming that the lawful use of dealer plates was limited to demonstrating vehicles and thus investigating his suspicion that the vehicle may have been stolen. Under NM law, dealer plates may be used on highways for any purpose. Reasonable suspicion was dispelled as soon as the officer discovered a license plate permitting general purpose use and the stop should have been terminated without questioning the vehicle's occupants at that point. The continued detention violated the 4th A...continue to full post

Full post as published by Tenth Circuit Blog on December 08, 2009 (boomark / email).