Practice Areas

Blog

Legal News

Library

Firm News

Failure to Use Turn Signal Justifies Police Stop, Discovery of Crack Cocaine

A federal judge in Norfolk, Virginia rebuffed a defendant's claim that the police illegally stopped his car because he failed to signal his intent to turn left leaving the parking lot of a convenience store, then failed to signal a lane change, and another left hand turn at an intersection.

After making the second left turn, the officer stopped the defendant for not signaling his turns. Other officers arrived, and one of them learned through a computer check of the defendant's name there was an outstanding warrant for his arrest. The defendant was then placed under arrest on that charge, and searched. During the search, police found crack cocaine in his pocket.

The defendant claimed that he could only be guilty of not signaling turns under the Virginia statute if it were shown that other traffic was affected by his actions, and the police used his failure to signal as an illegal pretext to stop and question him. His attorney claimed therefore, his subsequent arrest on an outstanding warrant, and the police search of his person incident to that arrest were illegal, and that the crack coaine found in his trousers pocket should be suppressed as "fruit of the poisonous tree."

The federal judge dismissed that argument, finding that the police cars trailing him, and other cars in the vicinity, could have been affected by his failure to signal and therefore the officer could "probably" believe the law was violated before he pulled over the defendant's car.

Although the defendant was apparently first charged with drug distribution under Virginia law, the United States Attorney filed charges against him and the case was heard in federal -- rather than -- state court.

Punishment for federal drug convictions are in general more severe than those under Virginia law for the same offense. The decision was unclear why the federal charge was brought.

Read More About Failure to Use Turn Signal Justifies Police Stop, Discovery of Crack Cocaine...

back to top

Mr. Stelly regularly appears in the courts of the City of Richmond, Henrico County, Chesterfield County, Goochland County, and Hanover County.

Free Reports

Free Case Evaluation

FAQs