Google Search

Friday, January 18, 2013

Utah: Traffic Stop Valid Even When Cop Causes Violation

Follow @infolibnews!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);;js.src='//';fjs.parentNode.insertBefore(js,fjs);}}(document,'script','twitter-wjs'); Federal judge upholds stop for a left-lane violation even when presence of cop car caused traffic to slow.

A police officer can pull over a motorist for a traffic violation even if the officer himself caused the driver to commit the infraction, a federal judge ruled last Tuesday. US District Judge Ted Stewart made the decision in the case of Hickory W. McCoy, who was pulled over on January 24, 2012 while traveling just under the speed limit in the left lane of Interstate 80 in Utah.

Highway Patrol Trooper Randy Riches was running a speed trap on the side of the road, about 150 feet from where the speed limit drops from 75 MPH to 65 MPH. Just before noon, McCoy's rented 2011 Chevrolet Malibu passed by at a legal 73 MPH. Riches pulled onto the highway and began racing after the Malibu at 88 MPH, hoping to catch it speeding. Instead, as he followed for a mile and a half, the Malibu was driving a legal 62 MPH in the left lane. Another vehicle was passing in the right lane at the time.

Trooper Riches pulled over the Malibu on the grounds that it was blocking traffic in the left lane. Under Utah law, it is unlawful to dawdle in the fast lane, blocking faster traffic, unless "avoiding actual or potential traffic" in the right-hand lane. McCoy's attorney, Randall Gaither, said the trooper was the one driving dangerously.

"The Highway Patrol officer drove at an excessive speed of over 88 miles per hour with no lights or siren down the Interstate in the right lane of travel pursuing the vehicle without any observation of a traffic offense," Gaither told the court. "The vehicle was driven in an aggressive manner without any emergency exception. The position and manner of driving by the patrol unit would have reasonably affected the drivers on the roadway. The trooper began following the vehicle and restricted the movement of the vehicle into the right lane... The only clear traffic violation is the excessive speed of the patrol vehicle driving and passing cars in the right lane."

In court, Trooper Riches asserted the Malibu had room to get into the right lane, even though the patrol car was approaching 25 MPH faster than the rest of traffic on the road.

"Even accepting as true defendant's assertion that, due to the actions of Trooper Riches no violation of [the left-lane statute] occurred, the outcome is unchanged because the court finds that Trooper Riches's assessment of the facts giving rise to the violation was reasonable," Judge Stewart concluded. "In sum, the court finds that the totality of the circumstances support a finding that, at the inception of the instant traffic stop, Trooper Riches had a reasonable articulable suspicion that defendant committed a traffic violation under the laws of the state of Utah. For this reason, the court will deny defendant's motion to suppress."

As a result, McCoy will stand trial for charges for possession of marijuana and an Intratec 9mm. A copy of the judge's ruling is available in a PDF file at the source link below.

Source: US v. McCoy (US District Court, District of Utah, 12/18/2012)

(function(d, s, id) {var js, fjs = d.getElementsByTagName(s)[0];if (d.getElementById(id)) return;js = d.createElement(s); = id;js.src = "//";fjs.parentNode.insertBefore(js, fjs);}(document, 'script', 'facebook-jssdk'));

Latest Tyranny/Police State
- North Carolina: Driving While Nervous is Not a Crime
- Indefinite Detention Without Trial: Completely Unconstitutional, Yet Routine
- Not So Merry Christmas Drug Busts
- Santa Claus Arrested by DPS Capitol Police for Chalking Sidewalk
- San Diego Cops Beat & Pepper Spray Innocent Man With Down Syndrome
- Arizona Police Officer Caught Hiding Evidence In His Garage, Lying About It -- Keeps Job
- Denver Police Officer Found Guilty Of Using Badge To Sexually Assaulting Woman
- Charlotte Cop Kills Dog, Nearly Shoots Pregnant Woman

Well there's the real reason at the end. If he didn't have the gun and the weed he would have got away with it.

Also no mention of it was legal or not for him to have the gun. I'm guessing not and the judge didn't want to see him get away with illegal search and seizure so he pulled the verdict out of his ass so he can stand trial.

It's important to understand that judge's decision was not that McCoy has committed traffic violation, but that in the eyes of the trooper, he _might_ have committed it - enough to stop him.

Even when stopped, McCoy shouldn't have consented to the search of the vehicle.

Well, it sounds like there was his problem. The guy should have said the magic words, "I do not consent to any searches" and asked if he was free to go. Welkom to Amerika. The judges are independedent, legal scholars. Bawahahahahahahah! well there are many ways to get your backs in a situation like this. If cops want to play dirty then people are going to have to get dirty also. And yet more nuttiness out of Utah. No surprise there. They should have to mail us all the rules and regulations and constant updates in the law, it's not like everybody studies the contradicting BS anyways! Since they are always adapting it to make more money, they should at least let us all know what all the laws are!

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (found at the U.S. Copyright Office) and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.
About Us - Disclaimer - Privacy Policy

View the original article here