Forum Discussion
rgatijnet1
Aug 31, 2015Explorer III
msmith1199 wrote:
"Fisher articulated two separate observed traffic violations to justify his investigatory traffic stop: (1)
he “noticed the vehicle drift to the right and drive on the white fog line,” and (2) he “further noticed the driver had the curtain pulled forward on the driver’s side window which obstructs the driver’s
view of the vehicle’s left blind area,” both in violation of Nevada law.6"
"As discussed below, the Court believes that the two traffic stops are inextricably connected and that Gorman’s total detention was unreasonably prolonged. However, the Court finds under
Heien that both stops were supported by reasonable suspicion based on the officers’ belief that they observed traffic violations. These determinations were not objectively unreasonable.7"
Read the bottom of page 11. Judge Hicks states that crossing the line occasionally is not against the law in this case. If it was, none of us would be able to drive on a windy day. The officers were looking for excuses to justify their actions, period.
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