United States Eighth Circuit

In a felon in possession of a firearm case, an order denying a motion to suppress evidence obtained after police officers stopped the vehicle defendant was riding in for having a cracked windshield is reversed where an officer's mistake of law as to whether defendant's cracked windshield violated Nebraska law was not objectively reasonable, and thus, there was no probable cause to stop defendant's vehicle.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• JOHN R. GIBSON, Circuit Judge., Before MURPHY, JOHN R. GIBSON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer L. Gilg, argued, Omaha, NE, for appellant.


• For Appellees:
  
• Russell X. Mayer, argued, Omaha, NE, for appellee.