840 S.E.2d 571
Va. Ct. App.2020Background
- Officer received a BOLO/anonymous tip that a small green sedan from an address on Farmer Drive was heading to Bowling Green to "get more beer."
- Deputy McGhee located a green Ford Focus in a Rite Aid lot; a man inside was drinking from a can and the car drove off when the deputy approached.
- Deputy McGhee followed, ran the plate (registered to Farmer Drive), and stopped behind the Focus at a red light.
- When the light turned green, Joyce remained stationary about six to seven seconds (turn signal on) with no other vehicles in the intersection, then completed a left turn; the deputy stopped the vehicle for failure to obey a green light.
- The deputy observed multiple open containers, odor of alcohol, glassy eyes, slurred speech; Joyce failed field sobriety tests and registered a .134 BAC. Joyce moved to suppress evidence claiming the stop lacked reasonable suspicion.
- The circuit court denied the suppression motion; Joyce was convicted of DUI (second offense) and driving on a revoked license; the Court of Appeals affirmed.
Issues
| Issue | Joyce's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable, articulable suspicion given a 6–7 second pause at a green light | A 6–7 second pause can be a reasonable precaution (e.g., yielding, checking intersection); not enough to show a violation | Officer observed a prolonged failure to "move in the direction of the signal" with no lawful reason visible, creating reasonable suspicion of a traffic infraction | Stop was justified: deputy had reasonable suspicion to investigate failure to obey a green light |
| Whether the anonymous BOLO alone justified the stop | The anonymous tip was insufficient to establish reasonable suspicion | BOLO plus the officer’s independent observations justified investigation; court relied on the observed traffic conduct rather than the tip alone | Court upheld the stop based on the deputy’s observations (the tip was not the sole basis) |
Key Cases Cited
- Heien v. North Carolina, 574 U.S. 54 (2014) (reasonable-suspicion standard: particularized, objective basis for stop)
- Navarette v. California, 572 U.S. 393 (2014) (anonymous tips can contribute to reasonable suspicion under certain circumstances)
- Mason v. Commonwealth, 291 Va. 362 (2016) (officer may stop vehicle when reasonable officer could conclude observed conduct might violate statute)
- Shifflett v. Commonwealth, 58 Va. App. 732 (2011) (a possible innocent explanation does not necessarily negate reasonable suspicion)
- Arney v. Bogstad, 199 Va. 460 (1957) (green-light command is conditional and must be obeyed with reasonable care)