Police Stop the Wrong Explorer
A court granted Defendant's motion to suppress, because the police were pursuing a silver Explorer with a license plate of 187NNK, and Defendant was driving another Ford Explorer when the police stopped him. At 1 a.m. in January 2007, a private citizen called police and said he was following a Ford Explorer, with a license plate number of 187NNK. Allegedly the Ford Explorer was being driven erratically and had hit some signs and cones.
A police officer arrived and attempted to follow the silver Ford Explorer with a license plate number of 187 NNK, but the driver, who was wearing a baseball cap, picked up speed and made some turns. The police officer lost sight of the Ford Explorer he had been pursuing, and he pulled over another Ford Explorer that he observed in front of him at a stop sign. The driver was wearing a baseball cap and his eyes were bloodshot. The defendant driver, Michael Bothwell, allegedly failed a field sobriety test and was arrested. After Defendant was arrested, police realized that he was driving a Ford Explorer with a license plate number of 290 UNJ.
Defendant maintained the police did not observe any traffic misdemeanors and lacked a reasonable, articulable suspicion of criminal conduct at the time of the motor-vehicle stop. A police officer is permitted in appropriate circumstances and in an appropriate manner to detain an individual for investigative purposes if the officer believes, based on a reasonable and articulable suspicion that the indvidual is engaged in criminal activity, even if there is no probable cause to make an arrest. " State v. Colon. The court granted Defendant's motion to suppress, because the defendant was not driving a silver Ford Explorer with a license plate number of 187NNK when the police stopped him.
State v.Bothwell
MV-07-003703
CT Law Tribune
