10th Cir - Detention Exceeded Scope of Stop and Confession Obtained by Promise of Leniency Involuntary

Defendant’s continued detention during traffic stop exceeded permissible scope of stop

Temporary tag in window displayed consistent with state law but illegible from a distance due to nighttime conditions did not justify continued detention leading to discovery of drugs United States v. Edgerton,No. 05-3167, ___ F.3d ___ (10th Cir. Feb. 22, 2006)(Kansas).Appeal of district court’s denial of motion to suppress drug evidence seized during traffic stop.HELD: Defendant's continued detention during traffic stop exceeded permissible scope of stop in violation of Fourth Amendment. Unobscured temporary Colorado registration tag, displayed consistent with Colorado law in rear window of Defendant's vehicle, but illegible from distance due to nighttime conditions, did not constitute violation of Kansas law justifying continued detention leading to discovery of contraband drugs.Read the opinion here.

Confession obtained by promise of leniency is not voluntary

FIFTH AMENDMENTUnited States v. Lopez,No. 04-1223, ___ F.3d ___ (10th Cir. Feb. 21, 2006)(Colorado).Government appeal of district court’s suppression of defendant’s confessions. HELD: While a confession is not deemed coerced merely because police misrepresent strength of evidence, where misrepresentation occurred with promise of leniency in exchange for confession, circumstances are sufficient to overbear defendant’s will and thereby render confession involuntary.Read the opinion here.