Full opinion text
MEMORANDUM OPINION ELLEN LIPTON HOLLANDER, District Judge. Brian McDaniel, plaintiff, filed suit against the State of Maryland, the Maryland Department of Transportation (“MDOT”), the Maryland Transportation Authority (“MdTA”), and two of its officers, Ronald Arnold and Christopher Izquierdo (collectively, the “Officers”), alleging a variety of federal and Maryland constitutional and statutory claims and common law torts arising from a traffic stop conducted on November 8, 2006, in Baltimore, Maryland. In the course of the stop, the Officers ascertained that Mr. McDaniel had a Pennsylvania permit to carry a handgun, learned from Mr. McDaniel that he was transporting a handgun in the trunk of his car, searched the vehicle, recovered the handgun from the trunk, and arrested Mr. McDaniel for the Maryland offense of wearing, carrying, or knowingly transporting a handgun in a vehicle. See Md.Code (2012 RepLVol.), § 4 — 203(a)(l)(ii) of the Criminal Law Article (“C.L.”). The charge was subsequently nol grossed. On November 6, 2009, Mr. McDaniel filed a twelve-count Complaint (ECF 2) against the Officers, the State, the MdTA, and the MDOT. In a Memorandum Opinion and Order dated August 18, 2010, 2010 WL 3260007 (ECF 17 & ECF 18), Judge Richard D. Bennett granted in part and denied in part defendants’ Motion to Dismiss and Supplemental Motion to Dismiss, resulting in the dismissal of all claims against the State, the MdTA, and the MDOT, and the dismissal of several claims against the Officers. Thereafter, plaintiff filed an Amended Complaint (ECF 19) against the Officers, reasserting the four counts that remain at issue: Count I asserts a cause of action under 42 U.S.C. § 1983 based on an allegedly unreasonable search and seizure, in violation of the Fourth Amendment to the United States Constitution and a federal statute, 18 U.S.C. § 926A, which is a provision of the Firearm Owners Protection Act; Count II alleges violations of Articles 24 and 26 of the Maryland Declaration of Rights; Count III asserts the tort of false imprisonment; and “Count X” alleges a civil conspiracy. Following the conclusion of discovery, the Officers filed a Motion for Summary Judgment (ECF 44), which has been fully briefed. A hearing is not necessary to resolve it. See Local Rule 105.6. I will deny the Motion, for the reasons that follow. Factual Background This Factual Background is drawn from the exhibits submitted by the parties, which include the depositions of Mr. McDaniel, Officer Arnold, and Officer Izquierdo; a DVD video of the traffic stop, recorded by the dashboard camera mounted in the Officers’ police vehicle, see Video, Ex. 2 to Motion; a “Criminal Investigation Report,” “Supplemental/Continuation Report,” and “Statement of Charges” (including a “Statement of Probable Cause”), prepared by Officer Arnold, see Ex. 1 to Motion (ECF 44-2 at 1-5); and a copy .of the unofficial public docket for the short-lived criminal proceeding against Mr. McDaniel, printed from the Maryland Judiciary’s “Case Search” website (http://casesearch.courts.state.md.us/), see Ex. 4 to Motion (ECF 44-2 at 18-20). Unless otherwise noted, the facts presented are the version of events most favorable to Mr. McDaniel. See T-Mobile Northeast LLC v. City Council of City of Newport News, 674 F.3d 380, 385 (4th Cir.2012) (stating that, when considering a motion for summary judgment, a court must construe the facts in the light most favorable to the non-moving party). Mr. McDaniel was born in 1976, and was thirty years of age at the time of the events at issue. See McDaniel Dep. at 6. He is African-American. See Amended Complaint ¶ 10. On the afternoon of November 8, 2006, Mr. McDaniel was driving his Dodge Intrepid southbound on Interstate 95. McDaniel Dep. at 17, 23. No passengers were in the vehicle. Plaintiff was traveling from his parents’ home in Philadelphia, Pennsylvania to his apartment in Cockeysville, Maryland. See id. at 6-7, 18. Plaintiff had quit his job in Maryland in September 2006, and was residing “back and forth” at both addresses. Id. at 19; see also id. at 12-13, 17-20. Mr. McDaniel’s parents own a second home in Ormond Beach, Florida, and plaintiffs vehicle was registered at their Florida address, with Florida license plates. Id. at 20-22. Mr. McDaniel was carrying his dock 19 handgun in a plastic shopping bag in the trunk of the Intrepid. See id. at 39-42. A magazine of ammunition was seated in the weapon, but the handgun did not have a round in its chamber. Id. at 43; see also Izquierdo Dep. at 22. In addition, there was another magazine of ammunition in the shopping bag with the handgun. McDaniel Dep. at 43; see also Statement of Probable Cause. Plaintiff had purchased the handgun at a gun shop in Philadelphia, and he had a Pennsylvania permit to carry the weapon. McDaniel Dep. at 40. He was transporting the weapon from Philadelphia so that he “could have it in [his] apartment in Maryland.” Id. at 42. Although McDaniel did not have a Maryland license to carry or transport a handgun, Maryland does not require a person to obtain a license in order to possess a handgun at home. See Williams v. State, 417 Md. 479, 486, 10 A.3d 1167, 1171-72 (2011) (stating that Maryland’s regulatory scheme for handgun possession “expressly permits wearing, carrying, or transporting a handgun in the home,” without the requirement of licensure), cert. denied, — U.S. -, 132 S.Ct. 93, 181 L.Ed.2d 22 (2011); accord Wieland v. State, 101 Md.App. 1, 29, 643 A.2d 446, 459-60 (1994) (same, interpreting earlier codification). Mr. McDaniel intended to take I-95 South through the Fort McHenry Tunnel en route to Cockeysville. As shown in the Video, 1-95 South is a five-lane highway shortly before it diverges. When the highway splits, the left two lanes become 1-895, which continues through the Baltimore Harbor Tunnel, while the right three lanes continue as 1-95, through the Fort McHenry Tunnel. Both the Harbor Tunnel and the Fort McHenry Tunnel, along with Maryland’s other “major toll-producing bridges, tunnels, and thoroughfares,” are operated by the MdTA. MdTA Police Lodge # 34 of Fraternal Order of Police v. MdTA, 195 Md.App. 124, 135, 5 A.3d 1174, 1180 (2010), rev’d in part on other grounds, 420 Md. 141, 21 A.3d 1098 (2011); see also Md.Code (2008 RepLVol., 2011 Supp.), §§ 4-101(h)(l), 4-204(a) of the Transportation Article (“Transp.”) (granting operational authority over the Harbor Tunnel and Fort McHenry Tunnel to MdTA). The MdTA’s police force has police power on all MdTA property and, by executive order, on “ ‘all publicly owned, commercial, and/or common carrier transportation assets throughout the State.’ ” MdTA Police Lodge, 195 Md.App. at 142, 5 A.3d at 1184 (quoting executive order). As Mr. McDaniel approached the point where southbound 1-95 diverges, he was driving in the far left lane; in order to continue on 1-95, he had to merge to the right. See McDaniel Dep. at 29-30. According to Mr. McDaniel, as he drove southbound on 1-95 in the left lane, before the point where the highway diverges, he noticed, “way far ahead” of him, a police vehicle sitting in the median between southbound and northbound 1-95, in a crossover formed by a break in the jersey barriers separating the two sides of the highway. Id. at 26-28. Mr. McDaniel estimated that he noticed the Officers’ car when he was approximately a quarter-mile to a half-mile away from it, and slowed down as he approached, because he didn’t “want to take any chances.” Id. at 27-28. The police car was facing the southbound lanes, and its occupants (Officer Arnold and Officer Izquierdo) appeared to be “watching cars.” Id. at 27. Officer Izquierdo, who was driving the police vehicle, had recently joined the MdTA Police, and Officer Arnold was training him in the “tasks and duties” of “highway patrol.” Arnold Dep. at 11-12; see also Izquierdo Dep. at 10-11, 42. Although Officer Izquierdo was new to the MdTA Police, he was an experienced police officer. He began his police career in 1995 or 1996 with the Baltimore City Police, and also worked for a time as an officer in Colorado. See Izquierdo Dep. at 7-9. However, in his previous police positions, Officer Izquierdo had not gained much experience with highway traffic enforcement. Id. at 9-10. Mr. McDaniel estimated that, at the time he passed the police car, he was traveling “about fifty to fifty-five” miles per hour in the far left lane. Id. at 29. As Mr. McDaniel passed the police car, the Officers “stared right at” him. Id. at 31. Soon after he passed the police vehicle, Mr. McDaniel changed lanes to the right, beginning to merge across the highway in order to stay on 1-95. Id. at 29-30. However, as he did so, he noticed that the police car had pulled behind him, and he “could make a guess” that the Officers were about to stop him. Id. at 30-31. Shortly thereafter, the video recorder in the Officers’ vehicle was activated; it begins at 14:22:40 (ie., 2:22 p.m.). At this point, Mr. McDaniel’s vehicle has merged one more lane to the right and is travelling in the middle lane (the third lane from the left). Another car, light gray in color, is one lane to the right of Mr. McDaniel’s vehicle (in the fourth lane from the left), traveling roughly parallel to Mr. McDaniel. The police vehicle is in the second lane from the left (ie., one lane to the left of Mr. McDaniel’s vehicle), several car lengths behind the other two vehicles. In the video, it is not possible to see the drivers, nor is there any audio at this point. The Video shows the gray car passing Mr. McDaniel’s car on the right. Concurrently, the police car merges to the right into the third lane, directly behind Mr. McDaniel’s vehicle. Signs above the road denote the impending division of the highway into 1-895 on the left and 1-95 on the right. At 14:22:55 in the Video, Mr. McDaniel signals a right turn, and merges to the right, into the fourth lane from the left, behind the gray car that just passed him. He is several car lengths behind the gray car, approximately the same distance as the police car is from him. The police car again merges right, remaining behind Mr. McDaniel’s car. All three vehicles are apparently maintaining their speed. In their depositions, Officer Arnold and Officer Izquierdo testified that they were not using radar or a “lidar” device to determine vehicle speed and, indeed, neither officer could recall whether the police vehicle was even equipped with such a device. See Arnold Dep. at 14; Izquierdo Dep. at 13. According to the Officers, they gauged the speed of Mr. McDaniel’s vehicle by “pacing,” ie., driving “behind [McDaniel’s vehicle] to set a pace.” Izquierdo Dep. at 13; see also Arnold Dep. at 16-17. At his deposition, Officer Izquierdo did not recall the exact speed at which he paced Mr. McDaniel, but he thought that it was a sufficient “speed to be able to initialize a stop.” Izquierdo Dep. at 13. Officer Arnold testified that the Officers would not have performed a stop based simply on “eyeball[ing]” the speed. Arnold Dep. at 17. At 14:23:18 in the Video, the brake lights on Mr. McDaniel’s vehicle are activated for approximately two seconds. Officer Arnold claimed that Mr. McDaniel “had to slam on his brakes to avoid hitting the vehicle in front of him.” Arnold Dep. at 19. Officer Izquierdo testified that he remembered Officer Arnold stating that Mr. McDaniel was following the car ahead of him too closely, but Izquierdo did not recall observing that violation himself. According to Officer Izquierdo, he was concentrating on pacing Mr. McDaniel’s vehicle. Izquierdo Dep. at 14. At his deposition, Mr. McDaniel did not recall his application of the brakes. He also testified that there was no traffic except for the car in front of him, which was “way down the line.” McDaniel Dep. at 34-35. It is not possible to see the gray car (or any other traffic) ahead of Mr. McDaniel’s vehicle at this point in the Video; as noted, the gray car was several car lengths ahead of Mr. McDaniel’s vehicle seconds earlier, when plaintiff merged behind the gray car, and both cars appeared to be maintaining approximately the same speed at that time. At this point in the Video, the division of the road into 1-895 and 1-95 is imminent: there is a solid white dividing line between the two left lanes and the three right lanes, and the right lanes turn off to the right shortly ahead of Mr. McDaniel’s vehicle. Approximately even with the point where the highway diverges, there is a gap in the jersey barriers in the median, and what appears to be another police car parked there, facing southbound traffic on 1-95. At 14:23:23 in the Video, the letter “L” is overlaid on the video. Presumably, this indicates the activation of the police car’s emergency lights, because Officer Arnold testified that Officer Izquierdo activated the police cruiser’s emergency lights, see Arnold Dep. at 20, and in the Video, Mr. McDaniel immediately signals a right turn, brakes, and merges into the far right lane. The audio recorder is activated two seconds later, at 14:23:26, and the siren on the police vehicle can be heard momentarily. According to the Video, the three southbound lanes of 1-95 have now separated from the two lanes of 1-895, and the road is turning, and so the gray car can now be seen ahead of Mr. McDaniel’s car. Both vehicles are now in the far right lane; the gray car apparently merged into the right lane at approximately the same time as Mr. McDaniel (otherwise, it would have become visible earlier in the Video). The right hand shoulder along the turn is blocked by orange and white traffic cylinders, such that there is no place to pull over. At 14:23:51, the vehicles pass a speed limit sign (the first one that has been shown in the Video), indicating a speed limit of 55 miles per hour. At 14:23:59, the lanes of the highway straighten out and shortly thereafter, an unobstructed right shoulder becomes available. Mr. McDaniel immediately signals a right turn, merges onto the shoulder, and comes to a stop; the police vehicle stops behind him at 14:24:26 in the Video. Some largely unintelligible radio chatter is heard, and Officer Izquierdo then advises the dispatcher of their location and the license plate number of Mr. McDaniel’s vehicle. At 14:25:41, the Officers exit their car and walk toward Mr. McDaniel’s car. As they do so, Officer Arnold instructs Officer Izquierdo: “Tell him he was doing 70, maybe following too close, whatever you want to tell him.” Officer Izquierdo approaches the driver’s window while Officer Arnold initially approaches the passenger side. Officer Izquierdo identifies himself, informs Mr. McDaniel that the stop is being recorded, and asks for McDaniel’s driver’s license and registration. He states: “You were going about 70 miles per hour, paced you in a 55, and you were following the vehicle in front of you too closely.” Mr. McDaniel’s response cannot be heard on the Video (indeed, due to the noise from the traffie on the highway, even Officer Izquierdo cannot hear him initially, and asks Mr. McDaniel to “speak up”). Plaintiff testified that he “questioned” Officer Izquierdo’s assessment of his speed, McDaniel Dep. at 48, and in the Video, Izquierdo’s responses to McDaniel are audible. Officer Izquierdo states: “You were driving too fast.” And, after another inaudible reply by McDaniel, Izquierdo states: “Sir, you were following the vehicle in front of you too closely, in addition to the speed.” According to Mr. McDaniel, Officer Izquierdo seemed “kind of hesitant,” as if “he was trying to figure out what he was pulling me over for.” McDaniel Dep. at 48. By this point (14:26:29 in the Video), Officer Arnold has come to the driver’s window, where Izquierdo is standing. The remainder of the conversation is largely inaudible in the Video. However, Mr. McDaniel and Officer Arnold testified that Mr. McDaniel took his Pennsylvania driver’s license from his wallet, gave the license to Officer Izquierdo, and then kept his wallet either in his hands or on his lap. See McDaniel Dep. at 51-57; Arnold Dep. at 22. The wallet was open in such a way that the Officers could see other contents of the wallet. McDaniel Dep. at 57-60; Arnold Dep. at 22. Officer Arnold noticed Mr. McDaniel’s Pennsylvania gun permit in the wallet and asked McDaniel what it was. McDaniel Dep. at 60; Arnold Dep. at 24; see also Izquierdo Dep. at 17. Mr. McDaniel responded: “ ‘It’s my Pennsylvania gun permit.’ ” McDaniel Dep. at 60; see also Arnold Dep. at 24 (“He says it’s his permit to carry a handgun.”). There is a factual dispute as to the precise sequence of ensuing events; the relevant portion of the Video is inaudible and so it cannot resolve the dispute. According to Officer Arnold, he then asked Mr. McDaniel whether he was carrying his handgun at that time, to which McDaniel replied “yes.” Arnold Dep. at 25. Officer Arnold then asked Mr. McDaniel where the handgun was, and McDaniel told him it was in the trunk. Id. At that point, according to Officer Arnold, he directed Mr. McDaniel to step out of the vehicle. Id. In contrast, Mr. McDaniel recalled (although he was not “100% sure”) that, after he identified his Pennsylvania handgun permit, Officer Arnold simply asked him to hand over the permit, which McDaniel did. McDaniel Dep. at 60-61. At that point, without further questioning, Officer Arnold directed Mr. McDaniel to get out of the vehicle. Id. at 61. According to Mr. McDaniel, the fact that his handgun was in the vehicle (and in the trunk in particular) was not elicited until a few moments later, after he had already gotten out of his car. As defendants acknowledge, see Motion at 4 n. 1, I must accept Mr. McDaniel’s version of events for present purposes; however; as I will explain, this factual dispute is not material. In any event, Mr. McDaniel promptly complied with Officer Arnold’s directive to exit the vehicle. On the Video (beginning at 14:27:20), plaintiff steps out of the car and the Officers immediately escort him to the back of his car, facing the trunk, where Officer Arnold holds plaintiffs hands behind him and appears to pat him down. A brief discussion between the Officers and Mr. McDaniel ensues, but it is inaudible on the Video. At 14:28:05, Officer Arnold handcuffs Mr. McDaniel behind his back. A few more inaudible words are exchanged and the officers then escort Mr. McDaniel away from his car to the right edge of the shoulder. Plaintiffs wallet remains on top of the trunk of his car. At his deposition, Mr. McDaniel testified that, as Officer Arnold held his hands behind his back and patted him down, Officer Arnold asked him an additional question about his permit. However, Mr. McDaniel did not remember the exact question. McDaniel Dep. at 65-66, 69-70. He claimed that Officer Arnold then told him, “ ‘We are going to put you in handcuffs for your own — for our and your own protection,’ ” and proceeded to handcuff him. Id. at 63, 70. As Officer Arnold was handcuffing Mr. McDaniel, he took McDaniel’s wallet and placed it on top of the trunk. Id. at 66-68. According to plaintiff, after Officer Arnold placed McDaniel in handcuffs, he asked McDaniel whether there was a gun in the car, and Mr. McDaniel replied: “ Tes, and it’s in the trunk.’ ” Id. at 70. At 14:28:41 in the Video, Officer Arnold uses his shoulder radio, although the dialogue between Officer Arnold and the dispatcher cannot be heard. He then asks additional questions of Mr. McDaniel, most of which are inaudible. At one point, Officer Arnold can be heard to say, “Well, you have a car with Florida registration.” At his deposition, Mr. McDaniel could not recall the exact questions Officer Arnold asked, although he remembered being asked “about Florida.” McDaniel Dep. at 71. According to Mr. McDaniel, Officer Arnold “may have asked [him] whether the gun was loaded,” to which McDaniel replied, “No, it was not.” Id. at 71-72. At his deposition, Officer Arnold indicated that he did not ask Mr. McDaniel for consent to search his vehicle. Nor did Mr. McDaniel volunteer consent. Arnold Dep. at 80. At 14:29:43 in the Video, Officer Arnold directs plaintiff to stand somewhat closer to the police cruiser. Officer Izquierdo stands with plaintiff while Officer Arnold approaches plaintiffs automobile. For a few moments, Officer Arnold stands at the trunk, looking down on top of it (presumably, he was looking at Mr. McDaniel’s wallet; as noted, it had been left on top of the trunk). Officer Arnold then walks around the passenger side of the vehicle, puts an object (perhaps the wallet) on top of the car on the passenger side, and tries to open the front passenger door, but it is locked. He then walks around to the front of the car and opens the front driver’s side door. Video at 14:30:29. Officer Arnold leans into the car via the driver’s door and appears to search the car’s interior, in the vicinity of the driver’s seat, for two minutes (interrupted at one point by removing an object from the car, which he showed to Mr. McDaniel and Officer Izquierdo). At 14:32:14 in the Video, Officer Arnold emerges from the driver’s seat area, walks to the rear of the vehicle, and opens the trunk. However, he does not inspect the trunk’s interior. With the trunk open, he immediately walks back along the driver’s side of the automobile, reaches into the driver’s side window (apparently to unlock the doors), opens the left rear door, and begins to search the rear passenger compartment of the vehicle. He also spends several seconds inspecting the left rear door itself. He walks around to the other side of the car, opens the front passenger-side door, inspects the door itself, and then inspects the front passenger seat areas. He then opens the rear passenger-side door and does the same. At 14:35:02 in the Video, Officer Arnold moves to the trunk of Mr. McDaniel’s car, which is still open. He removes several containers and items of luggage from the trunk and searches through them, including a backpack, a large duffel bag, three large plastic shopping bags, several cardboard boxes, and other bags. This takes several minutes. At some point during the search of the trunk, Officer Arnold apparently locates Mr. McDaniel’s handgun, but the moment the handgun is discovered is not evident in the Video. Officer Arnold also performs further inspections of the passenger areas and doors of the vehicle. At his deposition, Officer Arnold was asked why he searched the rest of the car before the trunk, when Mr. McDaniel had told him that the handgun was in the trunk. Arnold Dep. at 27. He stated that the sequence of the search was “based off of [his] training,” and that because the handgun was “secured in the trunk,” for “chain of custody purposes, you leave it there until you get ready ... to seize it.” Id. at 27-28. When asked what he was searching for in the passenger compartment, Officer Arnold responded, “Anything that is in arm’s reach of the driver.” Id. at 28. Officer Arnold acknowledged that the trunk does not qualify as within arm’s reach. Id. at 29. When asked whether he was “looking for just weapons, [or] for contraband” within reach of the driver, he replied: “At that point, I’m just looking for a gun.” Id. At 14:48:06 in the Video, a third officer who had arrived at the scene also begins to inspect the interior of the trunk. Officer Arnold joins him a few moments later and actually climbs into the trunk. At approximately 14:53, Officer Arnold and the third officer begin repacking the items into the trunk; they close the trunk at 14:57:44. At .approximately 14:57, an officer (it is not clear whether it is Officer Arnold or one of the other officers on the scene) inspects Mr. McDaniel’s pockets and lifts and inspects his cap. Mr. McDaniel is then directed into the back seat of the Officers’ police vehicle. Although the Video does not show the interaction between Mr. McDaniel and the Officers in the police car, their discussion is captured fairly clearly on the audio recording. At 15:02:50, Officer Arnold instructs Officer Izquierdo to advise Mr. McDaniel that he is under arrest, and Officer Izquierdo does so. At this point (which is after the gun has been recovered by the Officers — indeed, one of the officers outside the vehicle places the weapon on the hood of the police vehicle), Mr. McDaniel can clearly be heard strenuously insisting that the gun was not “loaded” as he understood the term. See Video at 15:03:58. For several minutes, Mr. McDaniel disputes with the Officers whether his handgun was “loaded.” For instance, plaintiff asserts that, “in Philadelphia, unloaded means not in the chamber.” At 15:15:27 on the Video, the Officers’ vehicle pulls into traffic and the Video concludes shortly thereafter. Officer Izquierdo and Officer Arnold transported Mr. McDaniel to the Baltimore City Intake Facility. See Supplement/Continuation Report. Mr. McDaniel’s car was towed and impounded. Id. Mr. McDaniel was charged with a violation of C.L. § 4 — 203(a)(1)(H), which provides that a person may not “wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.” See Statement of Charges. Officer Arnold submitted the following “Statement of Probable Cause” in support of the charge: On ll-07-06[] at approximately 1526 hours while on duty in full uniform operating a marked police cruiser, I observed a 2000 Dodge bearing Florida registration C851EE traveling Interstate 95 South Bound. I observed the vehicle travel from lane #2 into lane # 3 in the lane of travel following the vehicle in lane # 3 less than two car lengths of distance causing the 2000 Dodge to brake to regain distance between himself and the vehicle in lane #3. I then activated my emergency equipment lights and siren and initiated a traffic stop at IS 95 S.B. @MM603. Upon approach and contact with the operator who was identified through his valid Pennsylvania drivers license to be Mr. Brian McDaniel [sic]. At the vehicle Mr. McDaniel stated that he had a handgun located in the trunk of his vehicle. Mr. McDaniel also stated and provided a handgun permit to carry a handgun in the state of Pennsylvania. I then asked the operator to step out of his car and began a probable cause search of the vehicle. The search of the vehicle revealed a loaded Glock 9mm handgun serial # GAU082 with a loaded magazine carrying 10 live 9mm rounds located in a shopping bag that was located in the trunk of the vehicle. I then located a second loaded 9mm magazine containing 8 live 9mm rounds that was located next to the handgun. I then placed Mr. McDaniel under arrest. All events occurred [in] Baltimore City Maryland. Mr. McDaniel was held overnight in the Baltimore City Jail. See McDaniel Dep. at 88-94. His girlfriend posted bail for him the next day. Id. at 94-96. He hired a lawyer to defend against the charge, which cost him in the “low thousands” of dollars. Id. at 97-98. About a year after plaintiffs arrest, the prosecutor nol prossed the charge. Id. at 98-100. Additional facts will be included in the Discussion. Discussion A. Standard of Review Under Rule 56(a) of the Federal Rules of Civil Procedure, summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” A fact is “material” if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). As noted, in resolving a summary judgment motion, the court must view all of the facts, including reasonable inferences to be drawn from them, in the light most favorable to the non-moving party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); see also Dennis v. Columbia Colleton Med. Ctr., Inc., 290 F.3d 639, 645 (4th Cir.2002). “A party opposing a properly supported motion for summary judgment ‘may not rest upon the mere allegations or denials of [its] pleadings,’ but rather must ‘set forth specific facts’ ” showing that there is a triable issue. Bouchat v. Baltimore Ravens Football Club, Inc., 346 F.3d 514, 522 (4th Cir.2003) (quoting former Fed.R.Civ.P. 56(e)), cert. denied, 541 U.S. 1042, 124 S.Ct. 2171, 158 L.Ed.2d 732 (2004). See Celotex Corp. v. Catrett, 477 U.S. 317, 322-24, 106 S.Ct. 2548, 91 L.Ed.2d. 265 (1986). The “judge’s function” in reviewing a motion for summary judgment is not “to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Liberty Lobby, 477 U.S. at 249, 106 S.Ct. 2505. If “the evidence is such that a reasonable jury could return a verdict for the nonmoving party,” there is a dispute of material fact that precludes summary judgment. Id. at 248,106 S.Ct. 2505. B. Traffic and Firearms Laws To provide context for the discussion that follows, I pause to set forth in more detail the Maryland statutes upon which the Officers based their stop and arrest of Mr. McDaniel, as well as relevant provisions of the federal Firearms Owners Protection Act, upon which plaintiff relies. According to the Officers, Mr. McDaniel was stopped for speeding and for following too closely the vehicle in front of him. Both offenses are misdemeanors. See Transp. § 27-101 (a) (“It is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law unless” otherwise specified.). Speeding is governed by Transp. §§ 21-801 and 21-801.1. Section 21-801(a) states the general standard that a “person may not drive a vehicle on a highway at a speed that, with regard to the actual and potential dangers existing, is more than that which is reasonable and prudent under the conditions.” Section 21-801.1 establishes particular maximum speed limits based on the type and location of the road including, as relevant here, a maximum limit of “55 miles an hour on divided highways” where other restrictions do not apply. Transp. § 21-801.1(b)(5); see also id. § 21-801.1(a) (“A person may not drive a vehicle on a highway at a speed that exceeds these limits.”). Following too closely is governed by Transp. § 21-310(a), which states: “The driver of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the other vehicle and of the traffic on and the condition of the highway.” There is no precise minimum distance prescribed by the statute, however. Rather, “how closely one automobile should follow another depends upon the circumstances of each case, namely, the speed of such vehicles, the amount of traffic, and the condition of the highway. The driver should act reasonably and prudently, taking these factors into consideration.” Sieland v. Gallo, 194 Md. 282, 287, 71 A.2d 45, 47 (1950); see also Brehm v. Lorenz, 206 Md. 500, 505, 112 A.2d 475, 478 (1955) (“Just how near the driver of an automobile may follow another automobile and still exercise ordinary care depends upon the facts and circumstances of the case.... [W]hat precautions the driver of the rear car must take to avoid colliding with a car which stops or slows up in front of him, cannot be formulated in any precise rule.”) (internal citations omitted). Following too closely is “a violation as relatively minimal as traffic infractions can be.” Charity v. State, 132 Md.App. 598, 620, 753 A.2d 556, 567, cert. denied, 360 Md. 487, 759 A.2d 231 (2000). Ultimately, however, Mr. McDaniel was not charged or cited for either speeding or following too closely. Rather, he was charged with wearing, carrying, or transporting a handgun in a vehicle, in violation of C.L. § 4-203(a)(l)(ii), which provides that, subject to exceptions, a person may not “wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State.” The exceptions to liability are set forth in C.L. § 4-203(b). One exception to liability allows “the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued” under Maryland’s handgun licensing statutes. C.L. § 4-203(b)(2). However, as noted, Mr. McDaniel did not have a Maryland license to wear, carry, or transport a handgun. Among other exceptions, C.L. § 4-203(b) provides: (b) This section does not prohibit: * * * (3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster; (4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster; (6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases[J C.L. § 4-203(b) (emphasis added). Notably, “unloaded” is not a defined term in the statute. Plaintiff also relies upon the federal Firearm Owners Protection Act, which was enacted in 1986, long before the incident at issue. See Pub.L. 99-308, 100 Stat. 449 (May 19, 1986), amended by Pub.L. 99-360, 100 Stat. 766 (July 8, 1986). The relevant statutory provision, which has not been amended since 1986, is codified as 18 U.S.C. § 926A. It provides: Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. (Boldface added; italics in original.) “Section 926A, both textually and in the words of its sponsor, ‘confers upon all law-abiding citizens a right to transport their firearms in a safe manner in interstate commerce.’ ” City of Camden v. Beretta U.S.A. Corp., 81 F.Supp.2d 541, 549 (D.N.J.2000) (quoting 131 Cong. Rec. S9101-05 (July 9, 1985) (statement of Sen. Orrin Hatch)). The regulations implementing the Firearm Owners Protection Act reiterate verbatim the text of § 926A, see 27 C.F.R. § 478.38, but neither the statute nor the regulations contain a definition of “unloaded.” See 18 U.S.C. § 921 (statutory definitions); 27 C.F.R. § 478.11 (regulatory definitions). Plaintiff has consistently argued, from the time of the traffic stop through the filing of his Opposition, that the handgun in his trunk was “unloaded.” He acknowledges that there was a magazine of ammunition seated in the handgun. However, because there was not a “round actually loaded into the chamber such as to render the gun instantly operable,” he contends that the gun was “locked but not loaded.” Opposition at 5 n. 6. In plaintiffs view, he was transporting the weapon in compliance with § 926A. But, he has not offered any case law, expert testimony, or other supporting authority for his interpretation of the term “unloaded.” As I see it, under either Maryland law or the Firearm Owners Protection Act, it would be difficult to conclude that a weapon in the condition of plaintiffs handgun was “unloaded.” Although neither “loaded” nor “unloaded” is defined in either statute, the common-sense, plain meaning of the term “loaded” includes any weapon that has ammunition inside of it, without regard to whether a round is actually in the chamber. Moreover, the safety concerns animating both statutes seriously undercut plaintiffs strained interpretation. It is also noteworthy that, although the regulations interpreting the Firearm Owners Protection Act do not define the term “unloaded,” federal regulations in several other contexts distinguish between loaded and unloaded weapons. Under any of these regulations, plaintiffs handgun would be considered loaded. See, e.g., 32 C.F.R. § 552.103(b)(1) (Army regulation governing carrying of privately-owned firearms on military installation, stating: “Firearms will be unloaded when carried (ie., projectiles physically separated from the firearms, not just removed from the chamber), except when actually engaged in hunting or shooting.”); 36 C.F.R. § 1.4 (National Park Service regulation stating: “Unloaded, as applied to weapons and firearms, means that ... [t]here is no unexpended shell, cartridge, or projectile in any chamber or cylinder of a firearm or in a clip or magazine inserted in or attached to a firearm....”); 49 C.F.R. § 1540.5 (Transportation Security Administration regulation stating: “Loaded firearm means a firearm that has a live round of ammunition, or any component thereof, in the chamber or cylinder or in a magazine inserted into the firearm.”). Finally, when plaintiff was arrested by the Officers, he insisted that his firearm was not loaded by Pennsylvania standards because, as plaintiff put it, “in Philadelphia, unloaded means not in the chamber.” Plaintiffs understanding of Pennsylvania law is incorrect. Unlike Maryland law and the Firearm Owners Protection Act, the Pennsylvania Uniform Firearms Act defines the term “loaded,” and Pennsylvania’s definition of “loaded,” codified in 18 Pa. Cons.Stat. Ann. § 6102, is even broader than the common-sense meaning of the term or the federal regulations quoted above: A firearm is loaded if the firing chamber, the nondetachable magazine or, in the case of a revolver, any of the chambers of the cylinder contain ammunition capable of being fired. In the case of a firearm which utilizes a detachable magazine, the term shall mean a magazine suitable for use in said firearm which magazine contains such ammunition and has been inserted in the firearm or is in the same container or, where the container has multiple compartments, the same compartment thereof as the firearm. If the magazine is inserted into a pouch, holder, holster or other protective device that provides for a complete and secure enclosure of the ammunition, then the pouch, holder, holster or other protective device shall be deemed to be a separate compartment. (Emphasis added.) Accordingly, I am fully satisfied that plaintiffs handgun was loaded under any applicable definition. Thus, plaintiff was not in compliance with Maryland or federal law when transporting his weapon. Nevertheless, resolution of the legal issues presented in this case does not depend on whether plaintiff was actually in compliance with Maryland and federal firearms law. Rather, as I will explain, it depends on whether a reasonable officer in the Officers’ position would have had probable cause to believe that plaintiff was violating the law. Therefore, determination of whether plaintiffs handgun was actually “unloaded” is, strictly speaking, unnecessary to resolution of the Motion. C. Section 1983 Liability and Qualified Immunity Count I of the Amended Complaint arises under 42 U.S.C. § 1983, which establishes a cause of action against any person who, acting under color of state law, “subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. Section 1983 “ ‘is not itself a source of substantive rights,’ but merely provides ‘a method for vindicating federal rights elsewhere conferred.’ ” Albright v. Oliver, 510 U.S. 266, 271, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994) (quoting Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979)). Here, plaintiff principally seeks to vindicate his right against unreasonable searches and seizures guaranteed by the Fourth Amendment to the Constitution. The Fourth Amendment, discussed in detail, infra, guarantees, inter alia, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Section 1983 provides a damages remedy for violations of the Fourth Amendment. See, e.g., Wilson v. Layne, 526 U.S. 603, 609, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (“ § 1983 allow[s] a plaintiff to seek money damages from government officials who have violated his Fourth Amendment rights.”). As noted, plaintiff also relies upon the Firearm Owners Protection Act. It is not clear, however, that the Firearm Owners Protection Act itself creates a right that is directly enforceable under § 1983. See Torraco v. Port Auth. of N.Y. & N.J., 615 F.3d 129, 136-39 (2d Cir.2010) (holding that 18 U.S.C. § 926A, standing alone, does not create a right that can be enforced under § 1983); accord Revell v. Port Authority of N.Y. & N.J., Civ. No. 06-402(KSH), 2007 WL 1963017, at *3-7, 2007 U.S. Dist. LEXIS 47351, at *8-19 (D.N.J. June 29, 2007) (same), aff'd on other grounds, 598 F.3d 128 (3d Cir.2010) (assuming, arguendo, that § 926A is enforceable under § 1983, but holding that defendant officers did not violate § 926A), cert. denied, — U.S. -, 131 S.Ct. 995, 178 L.Ed.2d 825 (2011). Nevertheless, to the extent that a plaintiff sues under § 1983 for a violation of the Fourth Amendment, courts have recognized that a police officer’s disregard of the Firearm Owners Protection Act may render a search or seizure constitutionally unreasonable. See Torraco, 615 F.3d at 139-40; see also Revell, 2007 WL 1963017, at *6-7, 2007 U.S. Dist. LEXIS 47351, at *16-19 (granting leave to amend so as to assert a Fourth Amendment claim under § 1983, although dismissing § 1983 claim based on § 926A alone, and stating: “Arguably, there is a violation of § 926A if [plaintiff] has complied with .§ 926A and is nonetheless detained by the police and/or arrested, and/or if the firearms are seized. But the § 926A violation is a subsection of the main event: seizures that are arguably ‘unreasonable’ have occurred, and this necessarily directs a Fourth Amendment analysis....”). The defendants maintain that they did not violate the plaintiffs Fourth Amendment rights and, in any event, that they are protected by qualified immunity. With respect to claims under § 1983, courts have recognized qualified immunity as an affirmative defense. “The doctrine of qualified immunity protects police officers and public officials from claims of constitutional violations ‘for reasonable mistakes as to the legality of their actions.’ ” Merchant v. Bauer, 677 F.3d 656, 661 (4th Cir.2012) (quoting Saucier v. Katz, 533 U.S. 194, 206, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). Put another way, qualified immunity shields government officers from liability for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). “Qualified immunity balances two important interests — the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Thus, “officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful” will be entitled to immunity from suit. Henry v. Purnell, 652 F.3d 524, 531 (4th Cir.) (en banc), cert. denied, — U.S. -, 132 S.Ct. 781, 181 L.Ed.2d 488 (2011); accord Durham v. Horner, 690 F.3d 183, 188 (4th Cir.2012). “The qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’ ” Hunter v. Bryant, 502 U.S. 224, 229, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (quoting Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986)). “The protection of qualified immunity applies regardless of whether the government official’s error is ‘a mistake of law, a mistake of fact, or a mistake based on mixed questions of law and fact.’ ” Pearson, 555 U.S. at 231, 129 S.Ct. 808 (citation omitted). Because qualified immunity turns on the “objective reasonableness of an official’s conduct, as measured by reference to clearly established law,” Harlow, 457 U.S. at 818, 102 S.Ct. 2727, an officer who makes an honest but objectively unreasonable mistake is not protected by qualified immunity. “Although officers are only human and even well-intentioned officers may make unreasonable mistakes on occasion, the doctrine of qualified immunity does not serve to protect them on those occasions.” Henry, 652 F.3d at 535. The qualified immunity analysis can be separated into two inquiries: (1) whether the facts alleged, “[t]aken in the light most favorable to the party asserting the injury, ... show the officer’s conduct violated a constitutional right,” Saucier, 533 U.S. at 201, 121 S.Ct. 2151; and (2) whether the right at issue “ ‘was clearly established in the specific context of the case' — that is, [whether] it was clear to a reasonable officer that the conduct in which he allegedly engaged was unlawful in the situation he confronted.’ ” Merchant, 677 F.3d at 662 (citation omitted). Courts may “exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand.” Pearson, 555 U.S. at 236, 129 S.Ct. 808; see also Merchant, 677 F.3d at 662 (stating that the “two inquiries ... may be assessed in either sequence”). The second inquiry “turns on the ‘objective legal reasonableness’ of the action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.” Messerschmidt v. Millender, — U.S. -, 132 S.Ct. 1235, 1245, 182 L.Ed.2d 47 (2012) (citation and some internal quotation marks omitted). “To be clearly established, a right must be sufficiently clear ‘that every reasonable official would [have understood] that what he is doing violates that right.’ In other words, ‘existing precedent must have placed the statutory or constitutional question beyond debate.’ ” Reichle v. Howards, — U.S. -, 132 S.Ct. 2088, 2093, 182 L.Ed.2d 985 (2012) (quoting Ashcroft v. al-Kidd, 563 U.S. -, 131 S.Ct. 2074, 2078, 2083, 179 L.Ed.2d 1149 (2011)) (some internal quotation marks and citations omitted). “If the law at th[e] time [of the alleged violation] was not clearly established,” the official will be entitled to qualified immunity, because “an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to ‘know’ that the law forbade conduct not previously identified as unlawful.” Harlow, 457 U.S. at 818, 102 S.Ct. 2727. On the other hand, “[i]f the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Id. at 818-19, 102 S.Ct. 2727. In assessing whether a right was clearly established, the Fourth Circuit has stated that “ ‘courts in this circuit ordinarily need not look beyond the decisions of the Supreme Court, this court of appeals, and the highest court of the state in which the case arose.’ ” Lefemine v. Wideman, 672 F.3d 292, 298 (4th Cir.2012) (citation omitted). Nevertheless, “[f]ederal laws ... do not need judicial approval to take effect and be clearly established.” Lovelace v. Lee, 472 F.3d 174, 197 (4th Cir.2006). Thus, judicial precedent is not always necessary to clearly establish a statutory right, especially where the statute’s “core protections” are plain from its text. Id. at 198 (holding that prison guard was not entitled to qualified immunity for violation of the Religious Land Use and Institutionalized Persons Act, despite the fact that the statute had been enacted only two years before the violation and the constitutionality of the statute had been subject to debate). Moreover, “ ‘[i]f [state] officials choose to ignore a federal law, they do so at their own peril.’ ” Id. at 197 (quoting Schwenk v. Hartford, 204 F.3d 1187, 1204 (9th Cir.2000)). D. Fourth Amendment By its plain text, the Fourth Amendment “does not proscribe all state-initiated searches and seizures; it merely proscribes those which are unreasonable.” Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. 1801, 114 L.Ed.2d 297 (1991); see Whren v. United States, 517 U.S. 806, 809-10, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996); Illinois v. Rodriguez, 497 U.S. 177, 183, 110 S.Ct. 2793, 111 L.Ed.2d 148 (1990); United States v. Sharpe, 470 U.S. 675, 682, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985); United States v. Mendenhall, 446 U.S. 544, 551, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). The “test of reasonableness under the Fourth Amendment is an objective one.” Los Angeles County v. Rettele, 550 U.S. 609, 614, 127 S.Ct. 1989, 167 L.Ed.2d 974 (2007) (citing Graham v. Connor, 490 U.S. 386, 397, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)). What the Supreme Court said in Rodriguez, 497 U.S. at 185-86, 110 S.Ct. 2793, is salient: [I]n order to satisfy the “reasonableness” requirement of the Fourth Amendment, what is generally demanded of the many factual determinations that must regularly be made by agents of the government — whether the magistrate issuing a warrant, the police officer executing a warrant, or the police officer conducting a search or seizure under one of the exceptions to the warrant requirement — is not that they always be correct, but that they always be reasonable. The sequence of events at issue in this case involves several discrete steps as to which different strands of Fourth Amendment jurisprudence are relevant. The first issue is whether the Officers’ initial traffic stop of plaintiffs vehicle was reasonable under the Fourth Amendment. “The law is settled that in Fourth Amendment terms a traffic stop entails a seizure of the driver ‘even though the purpose of the stop is limited and the resulting detention quite brief ” Brendlin v. California, 551 U.S. 249, 255, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007) (quoting Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979)). “An automobile stop is thus subject to the constitutional imperative that it not be ‘unreasonable’ under the circumstances.” Whren, 517 U.S. at 810, 116 S.Ct. 1769. “Observing a traffic violation provides sufficient justification for a police officer to detain the offending vehicle for as long as it takes to perform the traditional incidents of a routine traffic stop.” United States v. Branch, 537 F.3d 328, 335 (4th Cir.2008), cert. denied, 555 U.S. 1118, 129 S.Ct. 943, 173 L.Ed.2d 142 (2009). In Whren, the Supreme Court held that a traffic stop is not “rendered invalid by the fact that it was ‘a mere pretext for a narcotics search,’ ” so long as the officer conducting the stop had probable cause to believe that the motorist had violated the traffic code. Whren, 517 U.S. at 813, 116 S.Ct. 1769 (citation omitted). This is because Fourth Amendment reasonableness is an objective determination, which does not “depend[] on the actual motivations of the individual officers involved .... Subjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.” Id. Although an officer’s subjective motivation for initiating a traffic stop is irrelevant to Fourth Amendment analysis, in order to effect a lawful stop of a vehicle, an officer must have either probable cause or, at the very least, a reasonable, articulable suspicion to believe that the motorist is violating the law. Conversely, a traffic stop violates the Fourth Amendment when there is no “reasonable suspicion that the car is being driven contrary to the laws governing the operation of motor vehicles or that either the car or any of its occupants is subject to seizure or detention in connection with the violation of any other applicable law.” Prouse, 440 U.S. at 650, 99 S.Ct. 1391. In other words, under Whren, an officer who observes a suspected traffic violation may effect a traffic stop, even if the officer’s subjective motivation for the stop is not the traffic violation itself, but the hope that the stop will lead to the discovery of evidence of some other crime. But, this does not mean that an officer may initiate a stop without actually having observed a suspected violation. Moreover, it is safe to say that, for purposes of qualified immunity, all of the foregoing principles have been clearly established at least since Whren was decided in 1996. In this case, plaintiff maintains that there is a dispute of material fact as to whether the Officers actually had a reasonable suspicion that he had violated the traffic laws. In this connection, plaintiff relies on the following evidence, taken in the light most favorable to him: (1) according to his testimony, he was driving at or about the speed limit of 55 miles per hour as he passed the officers; (2) the Officers, as they both admitted, did not gauge his speed with radar or lidar; (3) the Video does not conclusively show that plaintiff was speeding; (4) in fact, the Video clearly shows another vehicle passing plaintiffs vehicle at a higher rate of speed; (5) as plaintiff sees it, the Video conclusively shows that he was not following the vehicle in front of him too closely; and (6) Officer Arnold instructed Officer Izquierdo to tell plaintiff “he was doing 70, maybe following too close, whatever [Officer Izquierdo] want[ed] to tell him,” which plaintiff construes as an instruction to fabricate a post hoc justification for the stop. According to plaintiff, “[i]n light of the video failing to demonstrate any moving violation — including a moving violation that is supposed to be clearly visible on the tape, there exists (at minimum) an inarguable issue of credibility regarding whether Defendants ever objectively believed they possessed a valid reason to stop Plaintiffs vehicle.” Opposition at 4. In contrast, the Officers claim that “the video demonstrates that just before the Officers deployed their emergency lights ... the Plaintiff tapped on the brakes suddenly because he was following the vehicle in front of him too closely.” Motion at 6. As defendants see it, they “reasonably believed they observed Plaintiff speeding and/or following too closely, and this alone is sufficient to justify the initial stop of the car and to detain it for a time adequate to resolve a routine traffic stop, including requesting license and registration checks, and more.” Id. To be sure, even if the record showed conclusively that plaintiff was not committing a traffic violation, this would not necessarily defeat defendants’ Motion. Even if the Officers were mistaken, both the Fourth Amendment’s reasonableness standard and the doctrine of qualified immunity allow for reasonable mistakes. The Officers were not required to be correct; all that was required was an objectively reasonable, articulable suspicion that plaintiff was violating the traffic laws. See, e.g., United States v. Mubdi, 691 F.3d 334, 342 (4th Cir.2012) (‘“[I]f an officer makes a traffic stop based on a mistake of fact, the only question is whether his mistake of fact was reasonable.’ ”) (citation omitted). Nevertheless, taking the facts in the light most favorable to plaintiff, I cannot conclude that a jury would be compelled to find that the Officers legitimately had a reasonable, articulable suspicion that plaintiff was committing a traffic violation. In particular, a fact finder viewing the Video might well conclude that no reasonable officer would have believed that plaintiff was actually following the vehicle in front of him too closely. At every time in the Video where the gray car in front of plaintiffs vehicle can be seen, plaintiff is following a safe distance behind it. Although the gray car was not visible at the moment that plaintiff applied his brakes, a fact finder could easily conclude that plaintiff had to apply his brakes because the gray car also braked suddenly, and not because plaintiff was following it too closely. As to speeding, a fact finder could not conclude on the basis of the Video that plaintiff was violating the general prohibition against traveling at a speed in excess of “that which is reasonable and prudent under the conditions.” Transp. § 21-801(a). Indeed, it would be very difficult for a fact finder accurately to estimate plaintiffs speed simply from watching the Video (Officer Arnold testified that such a visual estimate would not provide an adequate basis for a traffic stop, see Arnold Dep. at 17). And, as to the prohibition against exceeding maximum speed limits, see Transp. § 21-801.1, the Video does not contain any record of the speeds of vehicles being observed, the speed at which the police car was traveling, or plaintiffs speed. In the absence of more definitive evidence, the Court is left with a dispute over credibility: plaintiff testified that he was traveling approximately 50-55 miles per hour, see McDaniel Dep. at 29, while Officer Izquierdo informed him during the stop that he had been traveling at 70 miles per hour. See Video at 14:25:45. This credibility dispute must be resolved by the fact finder. Moreover, although Officer Arnold’s instruction to Officer Izquierdo about what to tell plaintiff regarding the basis for the stop can certainly be interpreted as innocuous, a fact finder might also conclude it was evidence of fabrication. Ultimately, however, defendants are not entitled to summary judgment as to Count I, even if the traffic stop was lawfully initiated under the Fourth Amendment, because of what transpired as the stop continued. As indicated, the Officers recovered plaintiffs handgun from the trunk of his car, after conducting a search of his vehicle, including the trunk, without plaintiffs consent. Even assuming that the traffic stop was permissible, under the version of facts most favorable to plaintiff, no reasonable officer with knowledge of then-clearly-established law could have believed he was entitled to search the trunk of plaintiffs vehicle based on the facts known to the Officers at the time. As noted, shortly after plaintiff was pulled over and produced his license and registration, Officer Arnold observed plaintiffs Pennsylvania handgun permit in plain view, and asked him what it was. Assuming that the stop itself was legitimate, the observation of the handgun permit and Officer Arnold’s question about it did not trigger a Fourth Amendment violation. During a traffic stop, items in a car that are in plain view to an officer located outside th