Friday, April 24, 2009

Safe Driving Now Part of Reasonable Suspicion for Stop?

In State v. Nevarez and Jimenez, a police officer hears that a convenience store has been robbed by two Hispanic individuals. On the way to the store, he sees a car going 42 in a 55 mph zone. He thinks the car is about as far away from the store as would be expected given the time of the robbery. He also notes there are four males who appeared to be Hispanic in the car. The occupants of the car all look at him with "varying expressions" on their faces.

The officer then turns around to follow the vehicle. He sees movement inside the car. "As the vehicle approaches a place where the highway separates from two lanes into four lanes, the driver signals to move over into the right lane. This signalling began about 200 feet before the highway split." The officer says that both the early signalling and the signaling itself, although perfectly legal, are not usually done by drivers. The Court goes on to note that when the officer catches up with car the occupants were "jumping around or moving around [in] the car really fast." The officer actives his overhead lights and stops the vehicle.

The COA says this is sufficient to establish reasonable suspicion for the stop and affirms the denial of the motion to suppress. The opinion is here:
http://www.isc.idaho.gov/opinions/NEVAREZ%20JIMENEZ.pdf

I like the part about how the occupants had "varying expressions." What if they all had the same expression? Is that more or less suspicious? What if two had one expression and the other two had a different one? It boggles the mind to consider all the possibilities.

Also, don't you think it's unfair that safe driving is now part of the reasonable suspicion calculus? So if you speed the cops can pull you over, but if you don't speed it's suspicious. If you don't signal when changing lanes the cops can pull you over. But if you do signal, it's suspicious. The cops call obeying all the traffic rules "driving all polite." I call it a "Route 22." Or to drag out another 60's reference: "Laugh about it, shout about it, when you've got to choose. Every way you look at it you lose."

Coo, coo, ca-choo Mrs. Robinson and have a nice weekend.

1 comment:

  1. What they don't mention in the opinion is that the speed limit was actually changing up ahead so slowing down while in the 55 mph zone was what many (or at least some) drivers would do.

    So, since most drivers in Boise run a red light if it "just barely changed," is it suspicious that I actually stop for them?

    ReplyDelete