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D.Utah: Typo in entering vehicle license that yielded matching vehicle was still objectively reasonable

By John Wesley Hall, Jr.

Factual mistake on typing in the vehicle license number (“N” v. “M” when vehicle was driving by at night) that yielded a matching vehicle was an objectively reasonable stop. United States v. Christensen, 2010 U.S. Dist. LEXIS 37330 (D. Utah April 15, 2010): Applying these principles, the court concludes that Officer Lavin's factual mistake 4 was objectively reasonable given the totality of the circumstances in this case. As set forth above, Officer Lavin was attempting to observe a known drug house, a vehicle parked in front of the house, and the vehicle's license plate, all while driving at a rate of fifteen to twenty miles per hour, late at night. It was under these conditions that Officer Lavin mistakenly typed an "N" instead of an "M" while entering the license plate query...continue to full post

Full post as published by Fourth Amendment on April 20, 2010 (boomark / email).