ILNews

Car’s color alone doesn’t support traffic stop

Back to TopCommentsE-mailPrintBookmark and Share

In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.

Putnam County Sheriff’s Deputy Dwight Simmons stopped Jesus Uribe’s blue Nissan on I-70 around 2 a.m. solely because when running a check on Uribe’s Utah license plate, the registration indicated that it belonged to a white Nissan. Simmons believed the car may be stolen. When Simmons approached Uribe’s car, he noticed Uribe was nervous. Uribe gave permission to search the car, which turned up heroin.

Uribe wanted the drug suppressed, arguing the deputy had no reasonable suspicion to stop the car based on color alone. Indiana and Utah law don’t require a driver to amend his registration if he changes the color of his car. The government argued Simmons’ experience taught him that stolen cars are often repainted but did not provide testimony from Simmons or numbers to back up the argument.

The District Court granted Uribe’s motion, which the 7th Circuit affirmed in United States of America v. Jesus Uribe, 11-3590.  

Judge Ann Claire Williams pointed out that this issue is novel for the court. Other Circuit courts have considered a car’s color, but in conjunction with several other factors establishing reasonable suspicion. In this case, the government didn’t provide any evidence to tip the scales from a “mere hunch to something even approaching reasonable and articulable suspicion,” she wrote.

“Our review of the totality of the circumstances here leads us to conclude that no reasonable suspicion of vehicle theft attaches to a completely lawful color discrepancy in the absence of any evidence suggesting otherwise,” she continued.

The judges also rejected the government’s argument that Simmons could have believed that Uribe was in violation of an Indiana vehicle registration requirement, I.C. 9-18-2-27(a), which says a car required to be registered under this chapter may not be used on the highway if the vehicle displays a registration number belonging to another vehicle. But the government hasn’t shown that the statute applies in this situation, and the provision doesn’t apply to the Utah-registered vehicle Uribe was driving, the court held.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT