Changing lanes, driver cover face, no rear seat, pull over to the shoulder = reasonable suspicion?

Background: The Lane Change Stop

After his motion to suppress was denied, the defendant pleaded guilty in the United States District Court for the Southern District of California to transporting illegal aliens. He appealed the ruling.

Key Legal Issues

The Ninth Circuit Court of Appeals, in an opinion by Judge Tashima, analyzed whether the stop was justified under the Fourth Amendment. The court considered several factors the government relied on to argue reasonable suspicion.

Court Findings

  • Lane Change: Defendant’s conduct in changing lanes and then pulling off the road could not support reasonable suspicion.
  • Obscuring Face: Attempts to hide his face could not be used to justify the stop.
  • Time of Day: Driving at 4:20 a.m. did not add weight to reasonable suspicion.
  • Vehicle Condition: The absence of the rear seat in his truck was not relevant.
  • General Circumstances: Driving a large pickup truck on a highway known for smuggling activity was insufficient to justify a stop.

Ultimately, the Ninth Circuit held that none of these factors, alone or combined, gave rise to reasonable suspicion. The stop was unlawful.

Read the Full Case

Full opinion here: United States v. Ivan Sigmond-Ballesteros, 285 F.3d 1117 (2002)


Anton Vialtsin, Esq.
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FAQ: Pulled Over for Lane Change

Can police pull me over just for changing lanes?

Not always. A lane change by itself is rarely enough to justify a stop unless it clearly violates traffic laws or creates a safety hazard.

What is “reasonable suspicion” for a traffic stop?

Reasonable suspicion requires specific facts that suggest criminal activity. Courts often reject vague or general observations as insufficient.

Does time of day matter when being pulled over?

Not by itself. Driving late at night or early in the morning does not automatically create suspicion of illegal conduct.

How can a lawyer help if I was stopped unlawfully?

A defense attorney can file a motion to suppress evidence obtained from an unlawful stop. If granted, the case may be dismissed.