United States v. Eric Colin, United States of America v. Efrain Estrada-Nava

Efrain Estrada-Nava and Eric Colin were indicted on one count of possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). They moved in the district court to suppress the evidence on which the charge was based, claiming it was the fruit of an illegal stop and search. The district court denied the motion. Estrada-Nava and Colin then pled guilty to the charge. We reverse and hold that the police officer who discovered the evidence did so only after he stopped Estrada-Nava and Colin’s car without reasonable suspicion, in violation of the Fourth Amendment.

BACKGROUND

On November 12, 1999, at approximately 2:05 a.m., Sergeant Thomas Carmichael observed a blue Honda traveling at 70 m.p.h. northbound in the right lane on Interstate 15. Carmichael first observed the Honda from his patrol car, which was positioned 75 yards behind it. He observed the car drift onto the solid white fog line on the far side of the right lane and watched the car’s wheels travel along the fog line for approximately ten seconds. The Honda then drifted to the left side of the right lane, signaled a lane change, and moved into the left lane. Carmichael next…