Wekall

United States v. Wekall

Good Law
87 F. App'x 79
United States Court of Appeals for the Ninth CircuitFebruary 4, 2004No. 03-50268; D.C. No. CR-02-00737-PA-1California429 words

Opinion

Lead Opinion

MEMORANDUM **

Matthew Edward Wekall (“Wekall”) appeals the district court’s denial of his motion to suppress evidence seized as a result of an investigatory vehicle stop. We review the ultimate determination of reasonable suspicion and a district court’s denial of a suppression motion de novo. United States v. Mariscal, 285 F.3d 1127, 1129 (9th Cir.2002). Because the stop was supported by a reasonable suspicion that Wekall had violated a traffic law, United States v. Lopez-Soto, 205 F.3d 1101, 1104-05 (9th Cir.2000), we affirm.

Wekall argues that the one to two inch rectangular crack in the car’s taillight cover, which was the basis for the stop, did not constitute a violation of the California Vehicle Code because the taillight was still in “good working order” and emitted a visible red light as required by Code Sections 24252(a) and 25950(b), respectively. Because the California Court of Appeal has held that a one-half to three-fourth inch wide crack in a taillight cover or an “unspecified” missing portion of a taillight cover is sufficient to justify a stop, we conclude that the California Supreme Court would hold that the one to two inch crack in the taillight cover here was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.