D.Ariz.: Driving below “normal speed of traffic” is undefined and couldn’t form basis for stop

There is no statutory definition of ‘normal speed of traffic.’ And, Officer Anderson did not testify that the SUV was driving less than the ‘normal speed of traffic’ as required by the statute. Rather, he stated that the SUV was going below the speed limit. In articulating the basis for his stop, Officer Anderson conflated ‘the normal speed of traffic as equal to the posted speed limit. … Because driving below the speed limit is not a statutory violation, that did not provide reasonable suspicion to believe the statute had been violated.” United States v. Martinez-Beltran, 2019 U.S. Dist. LEXIS 41497 (D. Ariz. Mar. 14, 2019).*

Defendant’s window tint violation supported the stop, and then reasonable suspicion developed. United States v. Detter, 2019 U.S. Dist. LEXIS 41363 (D. Kan. Mar. 14, 2019).*

There was probable cause supporting the search warrant for defendant’s property. State v. Perez, 2019 Ga. App. LEXIS 194 (Mar. 14, 2019).*

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