United States v. Potter, No. 22-1579 (1st Cir. 2023)
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In this interlocutory appeal the First Circuit affirmed the decision of the district court granting Defendant's motion to suppress items seized during a traffic stop, holding that the government was not entitled to relief on its allegations of error.
Defendant was stopped by a New Hampshire police officer for failing to use a turn signal on a road that narrowed from two lanes to one lane. After the officer discovered that Defendant had outstanding arrest warrants the officer arrested Defendant and seized a bag from him containing narcotics. Defendant moved to suppress the evidence on the grounds that New Hampshire law did not require use of a turn signal at the merge point on the roadway at issue. The district court agreed and granted the motion to suppress. The First Circuit affirmed, holding (1) it was not objectively reasonable for the officer to rely on a yield sign in the roadway to govern the factual situation he was encountering; and (2) it was not a reasonable mistake of law for the officer to believe that a turn signal was required at the merge point.
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