ILNews

7th Circuit examines traffic 'turn' definition

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

ADVERTISEMENT