State v. Holohan

After initiating a traffic stop, a highway patrol trooper found marijuana in Jason Holohan's vehicle. Holohan was charged with two counts of possession of a controlled substance with intent to deliver. Holohan filed a motion to suppress the evidence seized during the search of his vehicle, claiming the trooper lacked probable cause or reasonable suspicion to justify the traffic stop at the time he activated his flashing lights and could not use events occurring after activating his lights to justify the stop. The district court agreed and granted the motion. The Supreme Court reversed, holding (1) because Holohan did not submit to the trooper's show of authority in activating his lights, there was no Fourth Amendment seizure until the vehicle pulled off the highway and stopped; and (2) at the point that the vehicle pulled off the highway, the trooper had probable cause to stop the vehicle for weaving erratically and a reasonable suspicion of criminal activity based upon Holohan's failure to pull over in response to the flashing lights. View "State v. Holohan " on Justia Law