Stop Found to Be Unreasonable Where Cop Mistakenly Believed Dealer Plates were Improper

US v. Pena-Montes, -- F.3d --, 2009 WL 4547058 (10th Cir. 12/7/09) - Officer initiated traffic stop on reasonable belief that the vehicle lacked a license plate, but observed after pulling it over that the vehicle had a "dealer tag." The officer made a mistake of law in assuming that the lawful use of dealer plates was limited to demonstrating vehicles and thus investigating his suspicion that the vehicle may have been stolen. Under NM law, dealer plates may be used on highways for any purpose. Reasonable suspicion was dispelled as soon as the officer discovered a license plate permitting general purpose use and the stop should have been terminated without questioning the vehicle's occupants at that point. The continued detention violated the 4th A. Case is remanded for determination of whether evidence of Mr. Pena-Montes' identity, which resulted in his § 1326 conviction, was properly obtained.

US v. Sago, -- F.3d --, 2009 WL 4547783 (10th Cir. 12/7/09) - Crack cocaine quantity possessed by Mr. Sago more than five months prior to the activity resulting in the offense of conviction was properly considered as relevant conduct. The five-month interim was insufficient to show the course of conduct was interrupted and that the two instances were unrelated.

Beard v. Kindler, -- S.Ct. --, 2009 WL4573277 (12/8/09) - state courts denied postconviction relief in capital murder case because of Mr. Kindler's escape, based on Penn. fugitive forfeiture law. A state procedural rule is adequate to bar federal habeas review if it is "firmly established and regularly followed." As both parties to this appeal agreed, the fact that the Penn. rule at issue here is discretionary rather than mandatory does not make it an inadequate state procedural ground to bar federal habeas review.