NV: Officer’s citing the wrong statute in making stop doesn’t make stop invalid

“Deputy Wendy Jason, the investigating officer, testified that she stopped Cantsee because his cracked windshield violated NRS 484D.435. However, NRS 484D.435 does not prohibit operating a vehicle with a cracked windshield. Although the cracked windshield could violate another statute, the district court concluded that Deputy Jason’s incorrect citation constituted a mistake of law that invalidated the investigatory stop under the Fourth Amendment and granted Cantsee’s motion to suppress the evidence obtained from the traffic stop. We conclude that a police officer’s citation to an incorrect statute is not a mistake of law that invalidates an investigatory traffic stop under the Fourth Amendment if another statute nonetheless prohibits the suspected conduct. Therefore, we reverse the district court’s order.” State v. Cantsee, 2014 Nev. LEXIS 32, 130 Nev. Advance Rep. 24 (April 3, 2014). [Note: That’s the rule of the ALI Model Code of Pre-Arraignment Procedure § 120.1(2) (“An arrest shall not be deemed to have been made on insufficient cause hereunder solely on the ground that the officer is unable to determine the particular crime which may have been committed.”).]

It is well established in this state and elsewhere that the smell of a working methamphetamine lab is exigent circumstances. State v. Clayton, 2014 Ala. LEXIS 49 (April 4, 2014).