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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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