Court Rules Cops Can Pull You Over for Going Just 1 MPH Over Speed Limit



Federal court gives police authority to stop any motorist for driving 1 MPH over the limit.

IOWA: A federal judge on Wednesday told Mark Eugene Fuehrer that he would stand trial after being pulled over for driving an alleged one mile per hour over the speed limit.

The stop itself was planned in advance.

The Dubuque County, Iowa Sheriff’s Office suspected Fuehrer was involved in dealing drugs, so deputies had been tailing his GMC Jimmie.

On January 11, 2015, Deputy Sheriff Adam Williams set up a radar trap on Highway 151, after being told that Fuehrer would soon pass.

Deputy Williams insists his radar clocked the GMC at 66 MPH in the 65 MPH zone, so he decided to stop Fuehrer. Just two minutes into the traffic stop, a drug dog was on the scene to sniff the car.

It immediately alerted.

A federal magistrate judge was asked to decide whether an alleged 1 MPH speeding violation provided probable cause for the traffic stop, particularly since the alleged violation was a pretext.

“It is unlikely Deputy Williams would have stopped defendant if law enforcement did not believe he was transporting drugs,” US Magistrate Judge Jon Stuart Scoles wrote. “That is, the government concedes the officers had an ulterior motive in conducting the traffic stop.”

Under US Supreme Court precedent, however, the subjective motivation of officers is irrelevant. What matters is whether an actual violation occurred or not.

Fuehrer’s lawyer argued that the 1 MPH accusation was insufficient because the reading is within the margin of error of the radar device.

“Common knowledge, police knowledge, as well as information provided by the National Highway Safety Administration, tell us that there is a standard deviation on radar devices that is at least plus or minus 1 MPH,” attorney Dennis E. McKelvie argued.

“The deputy who stopped the defendant for the alleged 1 MPH over violation could not say with any certainty that he had probable cause to believe that the defendant was violating any traffic laws.”

Fuehrer’s lawyer, however, did not obtain the specifications for the exact model of radar unit used by the deputy, which left the court unpersuaded.

“Could the state prove defendant was speeding beyond a reasonable doubt?” Judge Scoles asked. “Maybe not. But that is not the standard to be employed in determining whether the traffic stop violated the Fourth Amendment.

Rather, it is only necessary for the government to show probable cause that defendant was driving in excess of the speed limit. It has done so here.”

The court denied the request to suppress the evidence found during the traffic stop. Fuehrer’s trial for possession of 28.8 grams of methamphetamine has been set for October 13.

A copy of the decision transcript is available in a 800k PDF file at the source link below.

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Filming Cops
Filming Cops 3670 posts

Filming Cops was started in 2010 as a conglomerative blogging service documenting police abuse. The aim isn’t to demonize the natural concept of security provision as such, but to highlight specific cases of State-monopolized police brutality that are otherwise ignored by traditional media outlets.

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  • Bobbie Jo Justice

    and police wonder why people want to shoot them.

    • cops are terrorists

      Thay know why …thay just don’t care….thay have no accountability

      • tiny

        cops are what? i heart your nickname….for sure. one of the best i have seen online for years, almost better then mine. [facebook- “itswar-videoeverything”]

  • in Florida you have a 5MPH rule which allows you to travel at 5MPH over the speed limit. They can still pull you over but may not issue you anything other than a verbal warning. So pretty much whatever the speed limit is anywhere you are allowed to go 5 over.
    We need to all hold police accountable for their actions and do everything necessary to ensure that all corrupt cops are put out of business and moved away from public service. Keep up pressure and use criminal and civil courts as well as all means at our disposal including the power of changing our entire government through the constitution and holding trials for treason to remove all threats against the republic.

  • Deplorable Me✓ᵀᴿᵁᴹᴾ

    I routinely set my cruise control for 5 over (my speedometer registers about 2 or 3 MPH faster than what I’m really doing), and I’ve never been pulled over for that (I’m in Missouri, BTW). That said, just to be on the safe side, I do toe the line on speed if I’m somewhere where I know or have heard rumors that speed limits are strictly enforced.

    • tiny

      i hear ya very loud and clear, we have down here a few traps where they set up, block the whole road, and allow about 5-10 cars or so, then that one gets pulled over into the “area”. please, DL registration, and insurance. that ought to be illegal. perhaps it is, they only enforce the law, they dont follow it. why should they? who is gona say anything, IA? oh ya, your co-worker is going to turn you in, right! when hell freezes over! they need to get rid of the damn speed limits, they are only money generators, they serve no other purpose. they need to charge $500 for a DL, require 20hours of training, that you have to pay for, THAT WOULD GET ALL THOSE JACKASSES OFF THE DAMN ROAD! we all know whom i am talking about, the ones that should never have been given a DL in the first place, and i may add, some of those should not be in a private car at all, mass transit for them!! i am joking about some of that of course, but you all get my point. i am down here in SOUTH FLA, and the traffic is insane, and getting worse! [BTW-some nations in the world do make it more difficult to get a DL, GERMANY for one.]