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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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