Thursday, April 20, 2006

Good-Faith Exception Did Not Apply To Stop of Truck

U.S. v. Herrera, --- F.3d ----, 2006 WL 1017642 (10th Cir. April 19, 2006)

Kansas cop stopped Defendant’s truck for administrative search applicable to commercial vehicles but, because Defendant’s was not a commercial vehicle, the search was improper and violated the Fourth Amendment. Although the vehicle had a hydraulic lift and a paint sign, it did not have a DOT number, and the good faith exception did not apply. Read for discussion of when good faith does and does not apply. Reversed and remanded.

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