Improper Turn Leads to Unlawful Search, Seizure, and Possible Deportation?
We’ve all made unfortunate mistakes while driving. Most of us try our best to be safe, obey all traffic laws, and pay attention to the road at all times. However, even with the best of intentions, sometimes we fall short of the goal of being the perfect driver. This is exactly what happened one evening to one man from Jamaica.
The Mistake: A Clearly Illegal Left Turn
Criminal Defense Attorney Tyler Chriscoe recently met with a client in dire straights indeed. He was an immigrant from Jamaica who lived most of his life in Florida. He moved to the Triad area of NC in order to help his grandmother, but was unfamiliar with the roads yet. One evening while trying to maneuver around the downtown area of Kernersville, he executed an illegal left turn. He knew it was illegal. It was obviously illegal. He had to turn across a concrete median designed to prevent exactly the type of turn he was making. He was lost, confused, and he panicked. Unfortunately, he was seen by a KPD Law Enforcement Officer, and rightly pulled over for an “improper turn.”
The Traffic Stop that Nearly Ruined a Man’s Life
Our Jamaican friend pulled over immediately when he saw the police lights in his rearview. He is a fairly law-abiding man, and he knew he had just done the wrong thing. He never dreamed the price he was about to pay. As the KPD Officer approached the vehicle, our guy put his hands out of the driver’s side window. He explained to the Officer and Attorney Chriscoe that other Officers in Florida had told him this was proper behavior. This Officer, however, responded, “According to my training and experience…[this] indicated there was likely a gun inside the vehicle.” When asked if there was a weapon inside the car, our newly arrived Triad resident indicated there was not.
An Unlawful Search, Seized Property, and a Serious Criminal Charge
Until now, our potential client’s story seemed routine, unfortunate for him, but not unusual. However, things started to go awry when the Officer stated he smelled a “faint” odor of marijuana. Attorney Chriscoe was piqued at this. As we have discussed at length in a separate blog, there is no difference between the smell of illegal marijuana and the legal in NC, hemp. However, smell is still used as probable cause for searches provided there is some other indication of criminality, like a minor traffic violation. Though, he said nothing and allowed his very soon-to-be client to continue. Our Jamaican friend related how he denied having smoked anything but earlier in the day he had been around a friend who had been “puffin’ a li’l bit.” The KPD Officer interpreted this to mean there was weed in the car. He executed a search of the vehicle, and while there was no illegal substance to be found, he did discover a gun. He decided to charge our friend with not only the improper turn but also with unsafe movement and a concealed carry violation.
A Note Regarding Possible Repercussions
As you may recall, Attorney Chriscoe’s client previously informed the officer during the traffic stop that there was no weapon in the vehicle. You might wonder why this was the case. He never said, as is his right. He may not have known, he might have forgotten, or he could have been genuinely scared. A first-offense concealed carry violation for a U.S. citizen is generally not considered a particularly serious crime. While it is serious—like all crimes and convictions—it typically does not carry excessively harsh penalties. For instance, in North Carolina, a first-time concealed carry violation is considered a Class 2 misdemeanor. If convicted, the penalties can include up to 60 days in jail and a maximum fine of $1,000. However, with an attorney, these cases often result in much lighter consequences. Subsequent offenses, on the other hand, are Class H felonies, which come with significantly harsher penalties. Without experienced defense attorneys, jail time is almost guaranteed.
It’s important to note that this client was not a U.S. citizen. He was a legal alien who had lived in the country most of his life but did not hold permanent resident status, meaning he did not possess a green card. For individuals like him—whether they have legal status or not—the penalties for any weapons violations can be severe, potentially including status revocation and removal. Deportation is not immediate; it may take months or even years for a case to be referred to ICE, followed by a hearing, and only then a possible deportation. However, it was a situation he wanted desperately to avoid and one he should not have had to face. And he would only have to confront this risk if convicted of the concealed carry violation.
The Trial: A Heroic Effort
As the day of the trial approached, Attorney Chriscoe mulled over the defense strategy. Of course, the improper turn was the client’s fault, but should he admit it? That minor traffic violation and the alleged smell of hemp were just enough to give the KPD Officer probable cause to search the car. If the Officer had probable cause, the gun would be admitted into evidence, with all the potential consequences that went with it. The client decided to plead not guilty to all charges. This gave Attorney Chriscoe the option to file a motion to suppress the fruits of the search, meaning the gun, based on lack of probable cause. The Judge agreed with the Defense Team: the odors of hemp or weed, and an accusation of misconduct are not enough to constitute probable cause. The Officer had conducted an unlawful search and seizure. The gun was suppressed and the concealed carry violation was dismissed.
But the trial wasn’t over yet. The State decided to move forward with the two pending charges that remained unresolved, the improper turn and unsafe movement, both fairly minor traffic violations in comparison. However, Defense Attorney Tyler Chriscoe was not going to simply plead to them both. At this point, he admitted the improper turn, which was, after all, the client’s fault, and was sufficiently demonstrated in the evidence. He decided to argue against the unsafe movement charge.
The Verdict: Vindication
To constitute an unsafe movement by statute, the State was (and is always) required to show all elements of the crime. Essentially, they needed to prove that either a pedestrian or another vehicle had to change course as a direct result of the unsafe movement. The testimony the State introduced at trial was about the typical traffic pattern at the time of night the client was pulled, and not the traffic pattern on the specific night in question, much less that the client caused anyone any inconvenience executing his improper turn. Attorney Chriscoe argued this was insufficient evidence to prove their case and the Judge agreed. The client ultimately was only held responsible for the improper turn. The next day, the Judge signed an Order returning the gun to our incredibly thrilled and relieved friend (now former client.)
Contact Us
As you can see, this client faced a myriad of problems all stemming from one traffic violation. He was a legal alien who could have faced removal, away from the family, the grandmother, he came here to help. He was a lost driver who made a mistake and suddenly was facing two traffic violations. Both of which carried a $200 fine, and the unsafe movement charge called for a license suspension as well. With legal hemp more accessible than ever, we in North Carolina will have to decide where the line is going to be. Is the smell of a legal product during a traffic stop going to be enough to give up our Fourth Amendment rights? This man’s situation is far from unique. Remember, when you’re in dire straights, whether it’s a minor traffic violation, an immigration issue, a weapons violation, or any other criminal matter, at Dummit Fradin, we have an attorney for that! Contact us below.
Improper Turn Leads to Unlawful Search, Seizure, and Possible Deportation?
We’ve all made unfortunate mistakes while driving. Most of us try our best to be safe, obey all traffic laws, and pay attention to the road at all times. However, even with the best of intentions, sometimes we fall short of the goal of being the perfect driver. This is exactly what happened one evening to one man from Jamaica.
The Mistake: A Clearly Illegal Left Turn
Criminal Defense Attorney Tyler Chriscoe recently met with a client in dire straights indeed. He was an immigrant from Jamaica who lived most of his life in Florida. He moved to the Triad area of NC in order to help his grandmother, but was unfamiliar with the roads yet. One evening while trying to maneuver around the downtown area of Kernersville, he executed an illegal left turn. He knew it was illegal. It was obviously illegal. He had to turn across a concrete median designed to prevent exactly the type of turn he was making. He was lost, confused, and he panicked. Unfortunately, he was seen by a KPD Law Enforcement Officer, and rightly pulled over for an “improper turn.”
The Traffic Stop that Nearly Ruined a Man’s Life
Our Jamaican friend pulled over immediately when he saw the police lights in his rearview. He is a fairly law-abiding man, and he knew he had just done the wrong thing. He never dreamed the price he was about to pay. As the KPD Officer approached the vehicle, our guy put his hands out of the driver’s side window. He explained to the Officer and Attorney Chriscoe that other Officers in Florida had told him this was proper behavior. This Officer, however, responded, “According to my training and experience…[this] indicated there was likely a gun inside the vehicle.” When asked if there was a weapon inside the car, our newly arrived Triad resident indicated there was not.
An Unlawful Search, Seized Property, and a Serious Criminal Charge
Until now, our potential client’s story seemed routine, unfortunate for him, but not unusual. However, things started to go awry when the Officer stated he smelled a “faint” odor of marijuana. Attorney Chriscoe was piqued at this. As we have discussed at length in a separate blog, there is no difference between the smell of illegal marijuana and the legal in NC, hemp. However, smell is still used as probable cause for searches provided there is some other indication of criminality, like a minor traffic violation. Though, he said nothing and allowed his very soon-to-be client to continue. Our Jamaican friend related how he denied having smoked anything but earlier in the day he had been around a friend who had been “puffin’ a li’l bit.” The KPD Officer interpreted this to mean there was weed in the car. He executed a search of the vehicle, and while there was no illegal substance to be found, he did discover a gun. He decided to charge our friend with not only the improper turn but also with unsafe movement and a concealed carry violation.
A Note Regarding Possible Repercussions
As you may recall, Attorney Chriscoe’s client previously informed the officer during the traffic stop that there was no weapon in the vehicle. You might wonder why this was the case. He never said, as is his right. He may not have known, he might have forgotten, or he could have been genuinely scared. A first-offense concealed carry violation for a U.S. citizen is generally not considered a particularly serious crime. While it is serious—like all crimes and convictions—it typically does not carry excessively harsh penalties. For instance, in North Carolina, a first-time concealed carry violation is considered a Class 2 misdemeanor. If convicted, the penalties can include up to 60 days in jail and a maximum fine of $1,000. However, with an attorney, these cases often result in much lighter consequences. Subsequent offenses, on the other hand, are Class H felonies, which come with significantly harsher penalties. Without experienced defense attorneys, jail time is almost guaranteed.
It’s important to note that this client was not a U.S. citizen. He was a legal alien who had lived in the country most of his life but did not hold permanent resident status, meaning he did not possess a green card. For individuals like him—whether they have legal status or not—the penalties for any weapons violations can be severe, potentially including status revocation and removal. Deportation is not immediate; it may take months or even years for a case to be referred to ICE, followed by a hearing, and only then a possible deportation. However, it was a situation he wanted desperately to avoid and one he should not have had to face. And he would only have to confront this risk if convicted of the concealed carry violation.
The Trial: A Heroic Effort
As the day of the trial approached, Attorney Chriscoe mulled over the defense strategy. Of course, the improper turn was the client’s fault, but should he admit it? That minor traffic violation and the alleged smell of hemp were just enough to give the KPD Officer probable cause to search the car. If the Officer had probable cause, the gun would be admitted into evidence, with all the potential consequences that went with it. The client decided to plead not guilty to all charges. This gave Attorney Chriscoe the option to file a motion to suppress the fruits of the search, meaning the gun, based on lack of probable cause. The Judge agreed with the Defense Team: the odors of hemp or weed, and an accusation of misconduct are not enough to constitute probable cause. The Officer had conducted an unlawful search and seizure. The gun was suppressed and the concealed carry violation was dismissed.
But the trial wasn’t over yet. The State decided to move forward with the two pending charges that remained unresolved, the improper turn and unsafe movement, both fairly minor traffic violations in comparison. However, Defense Attorney Tyler Chriscoe was not going to simply plead to them both. At this point, he admitted the improper turn, which was, after all, the client’s fault, and was sufficiently demonstrated in the evidence. He decided to argue against the unsafe movement charge.
The Verdict: Vindication
To constitute an unsafe movement by statute, the State was (and is always) required to show all elements of the crime. Essentially, they needed to prove that either a pedestrian or another vehicle had to change course as a direct result of the unsafe movement. The testimony the State introduced at trial was about the typical traffic pattern at the time of night the client was pulled, and not the traffic pattern on the specific night in question, much less that the client caused anyone any inconvenience executing his improper turn. Attorney Chriscoe argued this was insufficient evidence to prove their case and the Judge agreed. The client ultimately was only held responsible for the improper turn. The next day, the Judge signed an Order returning the gun to our incredibly thrilled and relieved friend (now former client.)
Contact Us
As you can see, this client faced a myriad of problems all stemming from one traffic violation. He was a legal alien who could have faced removal, away from the family, the grandmother, he came here to help. He was a lost driver who made a mistake and suddenly was facing two traffic violations. Both of which carried a $200 fine, and the unsafe movement charge called for a license suspension as well. With legal hemp more accessible than ever, we in North Carolina will have to decide where the line is going to be. Is the smell of a legal product during a traffic stop going to be enough to give up our Fourth Amendment rights? This man’s situation is far from unique. Remember, when you’re in dire straights, whether it’s a minor traffic violation, an immigration issue, a weapons violation, or any other criminal matter, at Dummit Fradin, we have an attorney for that! Contact us below.