Officer's "good faith" mistake of law did not validate traffic stop
Police officers can insert themselves into your life if you give them a reason. So if you have something to hide while you are driving your car, you probably want to obey all the traffic laws. If you do not, police can stop you and the next thing you know they may find the contraband you have on your person or in your car. But police cannot stop you if what you are doing is legal, even if the officer has a good faith belief that you are violating the law.
That was the case in Cuyahoga County where a driver activated his turn signal too early and failed to turn at the next possible intersection. The officer claimed at the suppression hearing that he believed at the time that the driver had violated the law and so he pulled him over, but it turned out that having your blinker on and not turning is not illegal.
The Eighth District Court of Appeals ruled that the motion to suppress should have been granted. So this driver had the crack cocaine that was found in his shoe during the traffic stop suppressed. Read the decision here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.
