United States v. Carlos Botero-Ospina

STEPHEN H. ANDERSON, Circuit Judge.

On our own motion we granted in banc review in this case to review that portion of the panel opinion in United States v. Guzman, 864 F.2d 1512 (10th Cir.1988), holding that the proper standard for determining whether a traffic stop is unconstitutionally pretextual is whether “under the same circumstances, a reasonable officer would have made the stop in the absence of the invalid purpose.” Id. at 1517 (quoting United States v. Smith, 799 F.2d 704, 709 (11th Cir.1986)). For the reasons set forth below, we hold that the Guzman standard should be overruled and…