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Keywords

testimonymotionappellant

hearingmotionsearch and seizureappellantseizure

Related Cases

Hurd v. State, 958 So.2d 600, 32 Fla. L. Weekly D1594

Facts

On August 20, 2005, Deputy Anthony Kibler observed a silver Chevy pickup truck driven by the appellant. Kibler initiated a traffic stop after the appellant changed lanes without signaling and crossed a solid white line. During the stop, drugs were discovered, leading to charges of possession of cocaine and drug paraphernalia. The appellant argued that there were no other vehicles affected by his lane change, and the officer admitted that the driving did not endanger anyone.

At the hearing on the motion to suppress, the State called Deputy Anthony Kibler. On August 20, 2005, Kibler was on road patrol when he came across a silver Chevy pickup truck around nine in the evening. Kibler drove behind the truck and noticed the driver looking in his mirror and kind of driving slow.

Issue

Did the officer have probable cause to initiate a traffic stop based on the appellant's failure to signal a lane change and failure to maintain a single lane?

Rule

The stopping of a motorist is reasonable where a police officer has probable cause to believe a traffic violation has occurred. A signal is only required if another vehicle would be affected by the turn, and failure to maintain a single lane alone cannot establish probable cause when done safely.

Under search and seizure law, the stopping of a motorist is reasonable where a police officer has probable cause to believe a traffic violation has occurred.

Analysis

The court found that the officer's observations did not provide probable cause for the stop, as there were no other vehicles affected by the appellant's lane change. The officer's testimony indicated that the appellant's driving, while not perfect, did not rise to the level of erratic driving or impairment. Therefore, the evidence obtained during the stop should be suppressed.

In the case at hand, there was nothing in the record to establish probable cause that the actions by appellant were not done safely or that appellant's actions would lead an officer to suspect impairment or which could be considered erratic driving.

Conclusion

The court reversed the appellant's conviction and remanded the case with instructions to grant the motion to suppress the evidence obtained during the traffic stop.

Accordingly, we reverse appellant's conviction and sentence and remand with instructions that an order be entered granting his motion to suppress and for further proceedings consistent with this opinion.

Who won?

The appellant prevailed in the case because the court determined that the traffic stop was not justified by probable cause, leading to the suppression of evidence.

We agree that this motion should have been granted and reverse and remand for vacation of the conviction and sentence.

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