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Criminal Law

: Fourth Amendment

E.D.Mich.: Photo of vehicle in stop contradicts the asserted justification for the stop

By John Wesley Hall, Jr.

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The motion to suppress the stop of defendant’s tractor trailer is granted because the court does not believe the officer. United States v. Moore, 2010 U.S. Dist. LEXIS 86906 (E.D. Mich. August 24, 2010)*: It was not objectively reasonable for Corporal Bazzi to believe that the left turn signal on Moore’s semi-tractor was not illuminated. While Officer King testified that it was “a little foggy” on the night of the traffic stop, Corporal Bazzi had sufficient opportunity to determine whether the turn signal was illuminated. He had Moore's semi-tractor and trailer under surveillance for a couple of hours, and Officer King testified that Moore was driving slow. [¶] The Court finds the stop of Moore's semi-tractor and trailer was unlawful at its inception...continue to full post

Full post as published by Fourth Amendment on August 27, 2010 (boomark / email).

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