Thanks to FourthAmendment.com for blogging on U.S. v. Lopez, No. 06-20183-01-JWL (D. Kan. April 30, 2007), where Judge Lungstrum granted a motion to suppression order in a federal drug prosecution. Judge Lungstrum followed a recent Kansas COA case, State v. Ross, (blogged about here) in holding that simply crossing the fog line once did not constitute reasonable suspicion that the driver violated K.S.A. 8-1522. Judge Lungstrum also rejected the government's claim that other factors provided reasonable suspicion to justify the stop.
As FourthAmendment. com comments, suppression orders are few and far between in federal court. Anyone know who is representing Mr. Lopez so I can give credit where credit is due?
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Mike Harris from the Federal Public Defender's Office in KC, KS represented Mr. Lopez.
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