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.
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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