Car swerving into another lane so that it occupies both lanes is careless driving

Facts

In 2013, Officer Ryan Ainsworth received a call from dispatch that a complainant reported a GMC Sierra truck driving carelessly. Ainsworth first saw the truck—later confirmed to be driven by Malcolm Cameron—in the McDonald’s drive-thru off of Highway 51 in Madison, Mississippi.

After Cameron went through the drive-thru, he turned right on Highway 51, and then left on Ford Street. As Ainsworth followed Cameron, he noticed his truck swerve to the left on Ford Street, so he pulled Cameron over. Based on further evidence, Cameron was convicted of DUI and careless driving and sentenced to 48 hours. On appeal, he argues the stop was illegal.  MCOA affirmed.

Analysis

Ainsworth testified he stopped Cameron for the offense of careless driving. The officer was first notified by dispatch that another driver reported Cameron’s truck driving erratically. And as Officer Ainsworth followed Cameron, he saw his truck veer to the left side of the roadway.

This caused Cameron’s truck to occupy both the east and westbound lanes on Ford Street. As further support, a video of the traffic stop was admitted into evidence. It showed Cameron’s truck swerve left. From this evidence, we find there was probable cause for the traffic stop. And absent a Fourth Amendment violation, the exclusionary rule does not apply.

 

https://courts.ms.gov/images/Opinions/CO106890.pdf