U.S. v. Paniagua-Garcia

In prosecution on drug distribution charge, Dist. Ct. erred in denying defendant’s motion to suppress heroin seized from defendant’s car, after defendant had been stopped by police officer who believed that defendant had been texting on cellphone in violation of Indiana statute. Ct. of Appeals agreed with defendant that govt. had failed to establish that officer had probable cause or reasonable suspicion to believe that he was violating no-texting statute at time of traffic stop since: (1) officer had not seen any texting at time of stop; and (2) officer’s view of defendant operating his cellphone was consistent with any number of lawful uses of cellphone. Fact that there was some possibility that defendant was texting was not enough to create reasonable suspicion of criminal act so as to justify instant stop.