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Officer's testimony that stop was for failing to signal because taillight was smashed out was contradicted by the operator of where the vehicle was towed and the inventory

By John Wesley Hall, Jr.

Motion to suppress is granted because the testimony at the suppression hearing was that the defendant was stopped for failing to signal because the left taillight was smashed out and could not work. When the vehicle was towed, however, it was apparent from disinterested witnesses that the taillight was not smashed at all by the inventory. Therefore, the taillight being the only basis for the stop and the officer not being believed, the motion must be granted. United States v. Arias, 2008 U.S. Dist. LEXIS 95350 (D. R.I. November 21, 2008).* (Comment: A good friend of mine won in state court the same way: The police said they stopped the defendant for loud music from the car. The inventory of the car showed the radio/stereo didn't work. Motion to suppress granted...continue to full post

Full post as published by Fourth Amendment on November 28, 2008 (boomark / email).