United States v. Guillermo Rhodes Cruz

COLEMAN, Circuit Judge,

dissenting.

As the reported cases reveal, I am usually in agreement with my distinguished Brother Gee on Fourth Amendment issues. I am, however, in this instance unable to agree with the opinion which he has prepared for the Court.

The deputy sheriff claims that he stopped the automobile for an infraction which he did not see and which he only thought had happened. When he finally succeeded in stopping the vehicle he said ,not a word about a traffic violation, purportedly the cause of the stop in the first place.

This, in my opinion, is simply too thin.

I respectfully dissent.