United States v. Vance

During a traffic stop, an officer found a large quantity of drugs in a vehicle driven by James Vance. A grand jury indicted Vance for possession of at least 500 grams of methamphetamine with intent to distribute. Vance filed a motion to suppress the methamphetamine as the fruit of an illegal traffic stop; the district court denied Vance’s motion. Vance entered into a conditional guilty plea, preserving the right to appeal the district court’s denial of the suppression motion. On appeal, Vance argued: (1) his conduct did not amount to a violation of N.M. Stat. Ann. 66-7-317(A) because his lane change did not pose a safety risk to, or have an actual affect on, nearby traffic; and (2) even assuming a lane change that does not pose a hazard to another vehicle can amount to a violation of section 66-7-317(A), officers lacked reasonable suspicion to believe he failed to confirm the safety of his lane change before making it. Finding no reversible error, the Tenth Circuit affirmed Vance's conviction. View "United States v. Vance" on Justia Law