Reasonable Suspicion – Motion to Suppress

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Criminal

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and BAUER and MANION, Circuit Judges

Reasonable Suspicion – Motion to Suppress

No. 15-1515 United States of America v. Rodolpho Hernandez Flores

Police officer could not have reasonably believed that Appellant “commonplace plate frame” violated state law, and subsequent discovery of heroin and drug confession obtained after pulling appellant over should have been suppressed.

“During the prosecution, Hernandez Flores moved to suppress his statements and the evidence seized from the truck. He argued that McVicker did not have reasonable suspicion to pull him over for violating the plate‐display law because the plate’s frame did not obstruct any of the plate’s identifying information. He emphasized that the government’s reading of the statute has the absurd result of criminalizing not only all license‐plate frames, but mud spots covering part of a letter. Because the statute was not violated, he asserted, McVicker lacked reasonable suspicion to stop him.  “

Vacated and Remanded. Per Curiam.

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