Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Truck mudflap violation justified stop

By John Wesley Hall, Jr.

Defendant's truck was validly stopped for a mudflap violation and that led to the officer looking at the log book which was out of date. The stop was valid [albeit almost absurd sounding when considering whether the mudflap was 8" or 12" off the ground (and how could the officer determine that while following him?)]. United States v. Pauyo, 2008 U.S. Dist. LEXIS 83194 (N.D. Tex. August 29, 2008).* Powell makes it clear that probable cause is not required for an IRS summons. All that is required is a "legitimate purpose." United States v. Schlabach, 2008 U.S. Dist. LEXIS 83410 (E.D. Wash. May 7, 2008).* In a habeas case, a federal court considered not only the trial court's consideration of the Fourth Amendment claim, but also the state appeals court ability to consider the issues...continue to full post

Full post as published by Fourth Amendment on October 23, 2008 (boomark / email).