CA10: Officers’ mistake of fact here undermined the RS

The government conceded on appeal (as it should) that the officers alleged to have reasonable suspicion were mistaken as to what they testified to because they were misinformed. Taking this information out of the equation, the court finds that they lacked reasonable suspicion for their stop. The district court’s denial of the motion to suppress is reversed. United States v. Williams, 2021 U.S. App. LEXIS 2239 (10th Cir. Jan. 27, 2021).

“Nevertheless, the investigatory stop was warranted by the officer’s observation of Hall’s vehicle idling, unattended [at a gas station], and playing loud music, in violation of Louisiana law.” Then a plain view occurred. United States v. Hall, 2021 U.S. App. LEXIS 2226 (5th Cir. Jan. 27, 2021).*

The dashcam video supports the district court’s conclusion that defendant’s consent was voluntary on the totality. United States v. Murray, 2021 U.S. App. LEXIS 2237 (10th Cir. Jan. 27, 2021).*

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