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7th Circuit examines traffic 'turn' definition

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While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.

In United States v. Jason Smith, No. 11-2016, the appellate panel affirmed a ruling by U.S. Judge Robert Miller in the Northern District of Indiana.

The District Court considered the case of Jason Smith, who was pulled over in July 2010 by a marked police car with a narcotics canine inside after the officer saw Smith’s vehicle turning right at a South Bend intersection without using a signal. The officer had previously received a tip about that vehicle being driven by a man carrying a gun and illegal drugs, and the license plate matched the information that an informant had provided. When Smith didn’t use his turn signal, the officer initiated a traffic stop which led to a search revealing a gun, marijuana, crack cocaine and a digital scale.

Smith was charged with being a felon in possession of a firearm, possession of crack cocaine with intent to deliver and possession of a firearm in furtherance of a drug transaction. Smith filed a motion to suppress the items recovered in the search on grounds that the traffic stop was unlawful, specifically because he wasn’t turning at the intersection but “bearing right.” The District judge found the stop didn’t violate the Fourth Amendment because it was “enough of a turn that Indiana law requires a signal,” and a jury convicted Smith on all three counts. He received a sentence of 165 months imprisonment.

On appeal, the 7th Circuit noted that Indiana law doesn’t specifically define a “turn” but it relied on state court precedent to find that Smith was sufficiently “rotated” and a plain reading of Indiana’s statute equates that movement to a turn. As a result, the officer had probable cause to pull Smith over because he didn’t use a signal. The appellate court didn’t address the question of whether the vehicle’s window tinting provided independent grounds for justifying the stop, an aspect that had come up in the case.

The 7th Circuit also briefly addressed an issue Smith argued about when the traffic stop occurred. The charging information said July 13, 2010, and at trial the government noted that the events actually occurred on July 14. Smith argued the state constructively amended his indictment and he moved for acquittal, and the court denied that motion. The appellate court found the difference in date didn’t result in an impermissible constructive amendment based on its own caselaw.

 

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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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