E.D.Ark.: Mistake of law on lane use statute not objectively reasonable; suppression granted

The officer made a mistake of law in concluding that the lane use or “fog line” statute applied. Also, the government never relied on that statute until after the hearing with a motion to supplement the record. The stop was then extended in an effort to find drugs. United States v. Demilia, 2013 U.S. Dist. LEXIS 170265 (E.D. Ark. December 3, 2013), rev’d United States v. Demilia, 2014 U.S. App. LEXIS 20684 (8th Cir. October 29, 2014) (posted November 1, 2014) (government did not waive argument in the District Court).

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