United States Tenth Circuit

Driving at a speed moderately below the speed limit does not, without more, constitute obstructing or impeding traffic. A conviction for for transporting illegal aliens is reversed and remanded pursuant to a claim of erroneous denial of a motion to suppress where an officer lacked reasonable suspicion to stop defendant for violating a state law against impeding traffic, based on his driving about 10 m.p.h. below the speed limit on a highway.

Appellate Information

• Decided 05/12/2008
• Published 05/12/2008

Judges

• HARTZ, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Lawrence E. Chacon, Albuquerque, NM, for Defendant-Appellant., Laura Fashing, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with her on the brief), Albuquerque, NM, for Plaintiff-Appellee.