Failure to address reason for traffic stop with driver does not necessarily nullify officer's reasonable articulable suspicion giving rise to stop

SEARCH & SEIZURE United States v. Tibbetts, No. 04-4072, ___ F.3d ___ (10th Cir. Feb. 2, 2005). Government appeal of district court's order suppressing marijuana evidence seized during traffic stop. HELD: Police officer's failure to address purported violation giving rise to traffic stop with driver of vehicle (i.e., mud flap violation), while not dispositive of Fourth Amendment violation is one circumstance that court may evaluate in determining reasonableness of stop under totality of circumstances. However, officer's failure to address violation with detained driver does not in and of itself nullify any reasonable articulable suspicion otherwise based on fact or law. Read the opinion here.