Motion to Suppress Should Have Been Granted

U.S. v. Edgerton,--- F.3d ----, 2006 WL 401834 (10th Cir. 2006)

10th reverses denial of motion to suppress. D was in compliance with Colorado law when she had her temporary license tag clearly and prominently displayed in her rear window, although the cop could not see it due to distance and nighttime conditions on I-70. Cop permissibly pulled her over to conduct a limited investigative detention to see if paper tag was a temporary registration and to read it. Cop exceeded scope and duration of that detention when he questioned D about her travels–all cop could do was shine his light on the tag to verify its apparent compliance with the law regarding placement of temporary tags. The 10th determined that D had not violated the tag law, and rejected reading anything more into the “clearly legible” requirement of the temporary tag statute such as requiring some greater visibility of the tag for nighttime conditions.