Stale Knowledge (22 Weeks) Insufficient to Justify Traffic Stop

Officer’s twenty-two week old knowledge of defendant’s suspended license is too stale to justify traffic stop on belief suspension still in effect

SEARCH & SEIZURE/SENTENCING From 10th Circuit United States v. Laughrin,No. 04-2207, ___ F.3d ___ (10th Cir. Mar. 2, 2006)(New Mexico). Appeal of convictions and sentence for six firearms offenses, three of which were based on possession of sawed-off shotgun seized as result of traffic stop. HELD: (1) Police officer’s knowledge that defendant’s driver’s license had been suspended twenty-two weeks earlier was too stale to justify traffic stop on belief that suspension was still in effect. Thus, traffic stop was unlawful and district court should have suppressed evidence (i.e., sawed-off shotgun) discovered as result of stop. (2) District court improperly applied sentence enhancement under USSG § 2K2.1(b)(4) for possession of firearm with altered or obliterated serial number where shotgun at issue was never imprinted with serial number because it was manufactured before such imprinting was required. Clear language of USSG § 2K2.1(b)(4) prohibits its application when defendant possessed weapon that had never borne serial number.