DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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213149P.pdf 04/28/2023 United States v. Felix Forjan
U.S. Court of Appeals Case No: 21-3149
U.S. District Court for the Western District of Missouri - Springfield
[PUBLISHED] [Shepherd, Author, with Colloton and Grasz, Circuit Judges]
Criminal case - Criminal law. The district court erred in determining that
the police officer's mistake of law in deciding the vehicle tags were
expired was objectively reasonable, and the license plate tag did not
provide reasonable suspicion to initiate a traffic stop; nor did the
officer have reasonable suspicion to stop defendant for suspected drug
trafficking; however, the evidence was admissible under the attenuation
doctrine because the connection between the unconstitutional police
conduct and the seizure was broken by the officer's discovery that
defendant did not have a valid driver's license or proof of insurance;
further, the deterrence aspects of excluding the evidence did not outweigh
its substantial social costs; the district court did not err in denying
defendant's motions to withdraw his guilty plea; the record does not
support defendant's argument that his plea was not knowing and voluntary
because he could not hear or understand the proceedings; defendant's
argument that the plea hearing was insufficient under Rule 11 was
meritless. Judge Colloton, concurring in the judgment. Judge Grasz,
dissenting.