Traffic Stop Valid Even When Police Caused a Driver to Commit a Violation

By Joe
CopBlock

December 28, 2012A police officer can pull over a motorist for a traffic violation even if the officer himself caused the driver to commit the infraction, a federal judge ruled last Tuesday. US District Judge Ted Stewart made the decision in the case of Hickory W. McCoy, who was pulled over on January 24, 2012 while traveling just under the speed limit in the left lane of Interstate 80 in Utah.

Highway Patrol Trooper Randy Riches was running a speed trap on the side of the road, about 150 feet from where the speed limit drops from 75 MPH to 65 MPH. Just before noon, McCoy’s rented 2011 Chevrolet Malibu passed by at a legal 73 MPH. Riches pulled onto the highway and began racing after the Malibu at 88 MPH, hoping to catch it speeding. Instead, as he followed for a mile and a half, the Malibu was driving a legal 62 MPH in the left lane. Another vehicle was passing in the right lane at the time.

Trooper Riches pulled over the Malibu on the grounds that it was blocking traffic in the left lane. Under Utah law, it is unlawful to dawdle in the fast lane, blocking faster traffic, unless “avoiding actual or potential traffic” in the right-hand lane. McCoy’s attorney, Randall Gaither, said the trooper was the one driving dangerously.

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