Can an officer’s visual estimate of a vehicle’s speed, uncorroborated by radar, pacing, or other techniques, support a speeding stop? The Fourth Circuit has been whipsawing back and forth on that question recently. First, in United States v. Sowards, __ F.3d __, 2012 WL 2386605 (4th Cir. June 26, 2012), a case I discussed here, the court said that when the estimated speed is only slightly above the posted limit, a visual estimate isn’t good enough. Then last week, in United States v. Mubdi, __ F.3d __, 2012 WL 3243478 (4th Cir. Aug. 10, 2012), the court upheld a stop based on a visual estimate of speed. In Mubdi, the defendant was driving on I-77, which happens to be the same highway involved in Sowards. Two Statesville police officers, parked alongside the highway, saw him pass and visually estimated his speed at between 63 and 65 m.p.h. in a 55 m.p.h. zone. The officers, in separate vehicles, pursued the defendant. One overtook the defendant, and the defendant changed lanes and pulled in two to three car lengths behind the officer’s cruiser. The officers then activated their blue lights and pulled the defendant over. Suffice it to say that one thing led to another and the defendant was arrested and charged with federal gun and drug offenses. He moved to suppress, arguing, inter alia, that the officers lacked probable cause to make a traffic stop. (Remember that reasonable suspicion is the standard for traffic stops in state court.) The district court denied [...]
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