United States v. Cordova
4:23-cr-02229
D. Ariz.May 16, 2025Background
- Defendant Cordova filed a motion to suppress evidence obtained after a traffic stop in Arizona, arguing lack of reasonable suspicion.
- Magistrate Judge recommended denying the motion; Cordova objected and the government responded.
- The dispute centered on whether Cordova’s vehicle violated Arizona law regarding the illumination of license plates (and temporary tags).
- Deputy Shaw initiated the stop because he believed the temporary tag was not adequately illuminated or visible, and testified to his observations and standard practice.
- The district court independently reviewed the record, including the hearing transcript, exhibits, and the credibility of Shaw's testimony.
- The Court adopted the magistrate’s findings and denied the suppression motion, finding reasonable suspicion existed to justify the stop.
Issues
| Issue | Cordova's Argument | Government's Argument | Held |
|---|---|---|---|
| Traffic violation due to non-compliant light | Statutes require white light only for the plate itself, not plate area. | Statutes require white light for equipment, regardless if plate isn’t present. | Court agreed: law requires white light for plate area. |
| Deputy’s possible mistake in statute’s meaning | If officer erred, mistake was not objectively reasonable. | Any error by officer was reasonable and stop still justified under Heien. | Any mistake would have been objectively reasonable. |
| Visibility of temporary tag | Evidence showed tag was visible; officer’s testimony not credible. | Officer could not see tag clearly, testified to training and practice. | Officer’s testimony was credible; suspicion was proper. |
| Reasonable suspicion to stop | No violation, therefore no reasonable suspicion for stop. | Equipment violations and unclear tag justified stop. | Reasonable suspicion for the stop was present. |
Key Cases Cited
- Thomas v. Arn, 474 U.S. 140 (standard for district court review of magistrate judge’s R&Rs)
- Heien v. North Carolina, 574 U.S. 54 (reasonable suspicion may rest on reasonable legal mistakes)
- Arizona v. Johnson, 555 U.S. 323 (traffic stops are inherently dangerous for officers)
- Michigan v. Long, 463 U.S. 1032 (police officer safety in traffic stop context)
- State v. Blakley, 243 P.3d 628 (purpose of visible license plate for law enforcement identification)
- United States v. Humphries, 636 F.2d 1172 (license plate required for identification)