One-foot crossing of highway fog line is sufficient to justify traffic stop leading to discovery of illegal drugs
SEARCH & SEIZURE United States v. Alvarado, No. 05-4064, ___ F.3d ___ (10th Cir. Dec. 13, 2005)(Utah). Appeal of district court’s denial of defendant’s motion to suppress drug evidence seized during traffic stop. HELD: Where there were no weather conditions, road features, or other circumstances interfering with defendant’s ability to keep his vehicle in a single lane, police officer had reasonable articulable suspicion that single instance of defendant’s vehicle crossing one-foot over fog line of highway violated Utah traffic law. Therefore, traffic stop leading to discovery of drug evidence in defendant’s vehicle was reasonable under Fourth Amendment. Read the opinion here. |
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