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Broken Tail Light

Was it justified?

Brief of the Case:

On 8/22/13, an officer pulled over the defendant for a chipped tail light that was emitting white light. Upon speaking to the defendant, the officer noticed that the defendant had bloodshot, watery eyes and that his breath smelled of alcohol. The officer was able to see various items of drug paraphernalia and asked the defendant if he had smoked marijuana. The defendant admitted to being a user and that he smoked before he drove. Upon his admittance, the officer asked if the defendant would be willing to perform voluntary roadside maneuvers. The defendant complied to the tests but did not pass them in a satisfactory matter.

The broken tail light that caused the officer to pull over the defendant

Defense vs. Prosecution:


Defense Argument

Prosecution Argument

The officer lacked probable cause to believe that the tail lamp did not comply with the illumination requirements of C.R.S 42-4-206(1) The officer also conducted roadside sobriety tests on the defendant with no evidence that he was impaired in his ability to drive or reasonable suspicion to do so

A broken tail lamp may justify stopping a vehicle under the Fourth Amendment . People v. Brant, 252 P.3d 459 (Colo. 2011) Colorado law requires a tail lamp to emit () a red light plainly visible from a distance of five hundred feet to rear. C.R.S. 42-4-206(1) The officer could plainly see drug paraphernalia, alcohol, and marijuana while standing outside of the car The officer could detect an odor of alcohol on the defendants breath as well as blood shot and watery eyes The defendant did not pass the voluntary roadside maneuvers in the manner that a sober driver would

The Judges Decision: The Stop was Justified

Defective vehicle statute: If the officer has reasonable suspicion that the vehicle is defective than they are allowed to do a spot stop to see if the vehicle is or is not defective A broken tail lamp may justify stopping a vehicle under the Fourth Amendment. People v. Brant, 252 P.3d 459 (Colo. 2011)

Colorado law requires a tail lamp to emit () a red light plainly visible from a distance of five hundred feet to rear. C.R.S. 42-4-206(1)
Defective Vehicle Statute: look up statute If an officer has a reasonable suspicion that the vehicle is defective; they are allowed to do a spot stop check to see if the vehicle is or is not defective

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