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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

ADVERTISEMENT