DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
131073P.pdf 04/16/2014 United States v. Carlos Martins
U.S. Court of Appeals Case No: 13-1073
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Melloy, Author, with Riley, Chief Judge, and Kelly, Circuit
Judge]
Criminal case - Criminal law. The district court erred in denying
defendant's post-trial motion to suppress evidence obtained as a result of
a traffic stop; where the arresting officer could read the defendant's
license plate from a distance of 100 feet, he did not have probable cause
to believe that the partial obstruction of the plate allowed him to make a
traffic stop under Nebraska Revised Statute Sec. 60-399(2); the facts that
defendant had out-of-state plates and exited at an unlikely exit for
cross-country travelers did not provide the officer with the requisite
level of suspicion to stop defendant; as a result, the evidence seized
during the traffic stop had to be suppressed. Chief Judge Riley,
dissenting.