D.Minn.: An alert of a vehicle wanted in a bank robbery doesn’t need the LPN to provide RS

Defendants’ vehicle looked like one wanted in a recent bank robbery, and officers sped up to get closer, and the vehicle was speeding through a residential area. Aside from speeding, officers had reasonable suspicion they were involved in the bank robbery. The alert for the vehicle didn’t include an LPN, but that was required based on what they knew. “Although it is true that the ‘wanted’ in Smith contained a license plate number, nothing in that case indicates that a license plate number must invariably be included in an alert or bulletin before officers can justifiably rely on such an alert. In fact, the Eighth Circuit has found that officers had reasonable suspicion in cases where the bulletin or alert at issue contained a level of specificity similar to that contained in the Alert in this case.” United States v. Garmon, 2018 U.S. Dist. LEXIS 87768 (D. Minn. May 25, 2018), adopting 2018 U.S. Dist. LEXIS 88623 (D. Minn. Apr. 8, 2018).

Driving 69 in a 70 mph zone in the middle lane of the Ohio Turnpike is not an offense, and the officer acted unreasonably in stopping defendants for that. A sign said slower vehicles use right two lanes, and defendants actually passed cars going 69. When the officer pulled behind them they slowed to 66. (The court also questions the officers seeing cannabis flakes on the floorboard since it’s not mentioned on the video.) The stop and the search of the car are suppressed. State v. Clark, 2018-Ohio-2029, 2018 Ohio App. LEXIS 2202 (6th Dist. May 25, 2018).

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