Driving below speed limit does not, without more, constitute obstructing or impeding traffic

SEARCH & SEIZURE United States v. Valadez-Valadez, No. 06-2341, __ F.3d __ (10th Cir. May 12, 2008)(New Mexico). Appeal of district court’s denial of defendant’s suppression motion made in connection with conditional guilty plea to transporting illegal aliens in violation of 8 U.S.C. § 1324(a)(1)(A)(ii), (a)(1)(B)(1), and (a)(1)(A)(v)(II). HELD: Under totality of circumstances, State Police Officer did not have reasonable suspicion to stop defendant for impeding traffic in violation of New Mexico traffic statute. District court erred by not suppressing evidence seized as result of that traffic stop. * Driving at speed moderately below speed limit does not, without more, constitute obstructing or impeding traffic. * Vehicles cannot be stopped on “reasonable suspicion” that driver will commit traffic infraction in future. Read the opinion here.