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Car’s color alone doesn’t support traffic stop

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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.

 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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