In one of a few criminal cases designated to be published last week, the Kentucky Court of Appeals reversed Jefferson Circuit Court’s conclusion that a search of a vehicle for drugs was improper, because the police officer had not really witnessed a traffic offense of any kind when he stopped the car.
In Commonwealth v. Fowler, a police officer testified that he had stopped a car solely because the diver did not signal prior to a lane change. Ah, but, held the trial judge, the traffic regulations do not actually require a signal for lane changes, but only for turns. Therefore, the traffic stop was invalid. Not so fast, says the Court of Appeals: switching gears entirely, Court held that, in fact, the somewhat ambiguous regulations do require a signal change, so the officer’s stop and resulting search were valid.
Who cares, you ask? Well, an interesting issue posed by this case was whether an officer can have a “good faith,” but ultimately incorrect, interpretation of the law. Good faith is a doctrine normally used when search warrants are technically invalid, but the police acted “in good faith.” Whether one can have a “good faith” but incorrect view of the law itself is a little more sticky for obvious reasons. The Court made no decision on this issue as you can see, because it decided that the officer was actually right about the law all along. Is your head spinning yet? No word on whether the defense will seek further review by the Kentucky Supreme Court.
On the appeal for the defense was Hon. Grover Cox; and Hon. Sam Floyd for the Commonwealth, Commonwealth’s Attorney’s Office. Let me take this editorial opportunity to say that one of finest and little-appreciated services of the administration of Commonwealth’s Attorney Dave Stengel was a full-service criminal appeals division in the local prosecutor’ office. These very experienced and intelligent Louisville prosecutors have done a great job over the years, and really help fill a gap that the Office of Attorney General will find hard to cover with its many cutbacks dealt to the current administration.
