The seminal issue in this case is whether the unobscured temporary Colorado registration tag, displayed consistent with Colorado law in the rear window of Defendant's vehicle but illegible from a distance due to nighttime conditions, constituted a violation of Kansas law, thereby justifying Defendant's continuing detention a detention which led to Defendant's consent to search and discovery of the contraband. For reasons that follow, we think not, and hold Defendant's continuing detention exceeded the permissible scope of the stop contrary to the Fourth Amendment.Nice win Kay!
Friday, March 03, 2006
But it's legal in Colorado!
Thanks to Gene Parrish who tipped me on a nice Fourth Amendment win by Kay Huff in the Tenth Circuit in U.S. v. Edgerton. Here is a summary of the decision: