U.S. v. WALLACE

No. 99-50567.

213 F.3d 1216 (2000)

UNITED STATES of America, Plaintiff-Appellant, v. Ruel Antonio WALLACE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2000.

As Amended July 7, 2000.


Attorney(s) appearing for the Case

David P. Curnow, Assistant United States Attorney, San Diego, California, for the plaintiff-appellant.

Todd W. Burns and Benjamin L. Coleman, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellee.

Before: FERNANDEZ, TASHIMA and SILVERMAN, Circuit Judges.


SILVERMAN, Circuit Judge:

Mistakenly believing that any tinting of a vehicle's front windows was illegal, a police officer conducted a traffic stop of the defendant's car. The tinting was illegal but for a different reason—because it was over twice as dark as the law allows. Although the officer misunderstood the tinting law, he was correct that the tinting he saw was illegal, and accordingly, had probable cause to stop the car. Since the stop...

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