Schneider v. State
452 S.W.3d 601
Ark. Ct. App.2014Background
- On Nov. 24, 2011, Officer Dustin Wiens followed Schneider’s car after it passed his patrol vehicle around 1:00 a.m. and ran the license plate.
- The license check returned a blue 1992 Chevrolet Camaro; the officer observed a red car with a black bumper and saw no blue before stopping the vehicle.
- Officer Wiens stopped Schneider to investigate whether the vehicle was stolen, and testified he wouldn’t have stopped but for the color discrepancy.
- Schneider was later charged with possession of a controlled substance and possession of drug paraphernalia; he moved to suppress evidence as the stop was unlawful.
- The circuit court denied the motion to suppress; Schneider entered a conditional guilty plea and appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a vehicle-color discrepancy between observed car and registration provides reasonable suspicion for an investigatory stop | Schneider: color discrepancy alone is insufficient to create reasonable suspicion (citing Van Teamer, Uribe) | State: color mismatch reasonably suggests stolen/retagged vehicle and justifies a stop (citing Smith and other authority) | Court: A color discrepancy may reasonably suggest theft or fictitious tags and supplies reasonable suspicion to stop and investigate; suppression denied |
Key Cases Cited
- United States v. Uribe, 709 F.3d 646 (7th Cir. 2013) (held color discrepancies alone insufficient for reasonable-suspicion stops)
- Smith v. State, 713 N.E.2d 338 (Ind. Ct. App. 1999) (upheld stop where registered color differed from observed color as reasonable suspicion of a mismatched plate)
- Andrews v. State, 658 S.E.2d 126 (Ga. Ct. App. 2008) (discrepancy between vehicle and registered color permits officer to stop and investigate)
- Thammasack v. State, 747 S.E.2d 877 (Ga. Ct. App. 2013) (same: color/registration mismatch supports investigatory stop)