Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Expired tag on computer check is cause for a stop, even if erroneous

By John Wesley Hall, Jr.

Running a publicly displayed license plate which comes back as expired, even though erroneous, justifies a stop. United States v. Crooks, 2008 U.S. Dist. LEXIS 35189 (D. Del. April 29, 2008): 31. That the information Officer Breslin obtained from the computer system tag check was later proven to be inaccurate does not render the stop illegal. As the Third Circuit has recognized: an officer need not be factually accurate in her belief that a traffic law had been violated but instead, need only produce facts establishing that she reasonably believed that a violation had taken place. Consequently, a reasonable mistake of fact "does not violate the Fourth Amendment." United States v. Delfin-Colina, 464 F.3d 392, 396 (3d Cir. 2006) (quoting United States v...continue to full post

Full post as published by Fourth Amendment on May 03, 2008 (boomark / email).