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D.Kan.: Window tinting permitted SI because of McCane

By John Wesley Hall, Jr.

Window tinting stop in Kansas was valid, and defendants had no valid state driver’s license. One had a Mexican ID card and the other had a Mexican DL. That justified detaining them to determine whether either could lawfully drive. Calling in a drug dog during the detention was not unreasonable. The window tint violation justified a search incident which was valid under the Tenth Circuit's Gant good faith case, United States v. McCane, because this search incident predated Gant. (There was, however, no probable cause to arrest for not having a valid driver’s license, but that doesn't matter in the end.) United States v. Beltran-Palafox, 2010 U.S. Dist. LEXIS 54541 (D. Kan. June 3, 2010).* Defendant’s guilty plea waived his search issue for appeal, and it was not cognizable in a § 2255 for IAC of defense counsel...continue to full post

Full post as published by Fourth Amendment on June 06, 2010 (boomark / email).