TX14: Driving 52 in 65 zone in left lane on I-10 not impeding traffic not RS for stop

Defendant’s driving 52 in a 65 zone in the left lane on I-10 was not reasonable suspicion to stop him where there was no showing that he impeded traffic. Delafuente v. State, 367 S.W.3d 731(Tex. App. – Houston (14th Dist.) 2012), Vacated by, Remanded by, 2012 Tex. Crim. App. LEXIS 813 (Tex. Crim. App., June 20, 2012).*

Defendant was detained in the police car for five minutes while a DL check was run, and this did not violate the Fourth Amendment. Defendant’s unMirandized admissions of consumption of beer made then were admissible. While a pat-down search was conducted prior to defendant’s statements, this search did not convert this routine traffic stop into a custodial situation as the search was nominally consensual, it was concluded in a few seconds, and nothing was found during the search. State v. Serafin, 2012 Ohio 1456, 2012 Ohio App. LEXIS 1295 (11th Dist. March 30, 2012).*

A license plate in the back window and not where it belongs is reason for a stop in Ohio. State v. Fredo, 2012 Ohio 1496, 2012 Ohio App. LEXIS 1314 (7th Dist. March 30, 2012).*

The remedy for an alleged Fourth Amendment violation for an unlawful stop is a motion to suppress, not a motion to dismiss. Reasonable suspicion is required for the stop, not probable cause, and the trial court erred. State v. Kilbarger, 2012 Ohio 1521, 2012 Ohio App. LEXIS 1327 (4th Dist. March 19, 2012).*