Denial of Suppression Motion Reversed; Officer "Reasonably Could Have Observed" Van's Plate was Legal

U.S. v. Trestyn, 2011 WL 1783008 (5/11/11) (Wyo.) (Published) - Another suppression victory. The officer unreasonably extended the traffic stop because, as he approached the minivan, he reasonably could have observed the minivan's California license plate displayed a registration number in accordance with California law. At that point, the officer had no more justification to detain the occupants. In my mind, it's important that the 10th did not require that the officer actually notice that the plates were legal. It was enough that he "reasonably could have observed" that. The 10th reverses suppression denial.
In other issues, the district court did not abuse its discretion when it denied the defendant's request for a continuance of the suppression hearing to allow new counsel to represent her at the hearing. The defendant waited until the day before the hearing to make the request without explaining why she waited so long and her first counsel was prepared to represent her, The record was not developed enough for the 10th to decide a claim of ineffective assistance of counsel with respect to the suppression hearing. Both defendants waived a challenge to the stop itself because they had conceded below that it was justified at its inception. Importantly, raising the argument in a motion to reconsider did not undo the waiver.