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United States v. Paniagua-Garcia

United States Court of Appeals for the Seventh Circuit

813 F.3d 1013 (2016)

Relevant factsFree

An Indiana statute banned using a cellphone to type, transmit, or read a text or email message while driving, but did not ban other cellphone activities like calling, browsing the internet, or watching videos; a police officer saw Gregorio Paniagua-Garcia (defendant) looking at his phone while driving and inferred he was texting, but he was actually scrolling through a music app. After stopping him, the officer found heroin in the car, and the government prosecuted Paniagua for drug possession; he appealed his conviction, challenging the stop's legality.

IssueFree

Whether a statute prohibiting driving while using a handheld cellphone may apply to only some, but not all, cellphone applications.

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