United States v. Joshua Brown, No. 22-2133 (8th Cir. 2023)Annotate this Case
Defendant was arrested for a firearm offense after he was pulled over and during the traffic stop, the officer conducted a pat down search, finding a firearm. Defendant entered a conditional guilty plea, subject to his right to appeal the denial of his motion to suppress.
On appeal, the Eighth Circuit affirmed the district court's denial of defendant's motion to suppress. The court explained that the officer had reasonable suspicion to make the traffic stop. Here, there was a color discrepancy between the vehicle's actual color and the color listed on the vehicle registration. The officer also testified that, in his recent experience, several vehicles with mismatched colors came back as stolen. Thus, this gave the officer reasonable suspicion that the vehicle
Court Description: [Gruender, Author, with Benton and Shepherd, Circuit Judges] Criminal case - Criminal law. Based on the facts known to the officer, he had a particularized and objective basis to stop defendant's motorcycle - a discrepancy between the color of the motorcycle and the registration information on file for the license plate, as well as his knowledge of vehicular crimes and mismatched plates in the neighborhood. [ February 24, 2023 ]