Idaho State Police and the Blinker Rule
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| Idaho State Trooper at the Border. Photo Curtosey of https://idahofreedom.org/isp-doesnt-need-unmarked-traffic-patrol-vehicles/ |
What is the blinker rule? In Idaho it is illegal to signal on a highway for less than five seconds. You may think this rule is silly, but the Idaho Supreme Court has upheld it as constitutional. While it may cause laughter now, it could cause real problems for you later, especially if you are an out-of-stater. Below you will find the actual language of the Rule.
49-808. TURNING MOVEMENTS AND REQUIRED SIGNALS. (1) No person shall turn a vehicle onto a highway or move a vehicle right or left upon a highway or merge onto or exit from a highway unless and until the movement can be made with reasonable safety nor without giving an appropriate signal.
(2) A signal of intention to turn or move right or left when required shall be given continuously to warn other traffic. On controlled-access highways and before turning from a parked position, the signal shall be given continuously for not less than five (5) seconds and, in all other instances, for not less than the last one hundred (100) feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal.
(4) The signals required on vehicles by section 49-809, Idaho Code, shall not be flashed on one (1) side only on a disabled vehicle, flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear, nor be flashed on one (1) side only of a parked vehicle except as may be necessary for compliance with this section.
History:
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| Cache of Drugs found during a "traffic stop" by Idaho State Police. (I wonder how they got pulled over...the article never says. Curtosy of KTVB channel 7) https://www.ktvb.com/article/news/crime/idaho-state-police-arrest-2-after-finding-117-pounds-of-pot-during-traffic-stop/277-605240363 |
Idaho State Police's use of the Blinker Rule
Before an officer stops a vehicle they must have a "reasonable suspicion" that the driver of the vehicle is committing an offense. This can include traffic offenses. In Idaho, if an officer sees a person who is on a highway, who signals less than five seconds he may pull that vehicle over.
As a lawyer here in Caldwell, I have seen this tactic used on many vehicles entering from Oregon or who other vehicles with California plates. While it is not illegal to drive from Oregon to Idaho, or have California plates, it is illegal to possess certain substances, specifically marijuana, in Idaho. Officer profile these vehicles, but cannot stop them simply based on the licence plate or the direction of travel. Therefore, many Idaho State Police Officers will watch vehicles on the interstate and wait for them to signal less than five seconds and then pull the car over.
I can tell you as a Criminal Defense Attorney, this is simply what I have seen in real life here in Canyon County, from the Idaho State Police. And it makes it difficult to fight. Because, while our Officers have Dashcams, the Dashcams don't activate until after the offense occurs. Which means that the Officer can testify based on his recollection that you did not signal for more than five seconds. This gives officers huge discretion to pull you over for just about anything. Please be aware of this, and be aware that it is difficult to fight in Court.
At this point, the officer may be able to "smell" marijuana come from the car, or run a police dog around the vehicle. If the officer, does not smell anything, he cannot keep you there until he finds something. However, many Idaho State Police Officers will just simply ask if "there is any marijuana in the car" to the occupants even without smelling anything. If you say yes...you have incriminated yourself, and the Officer may search your vehicle.
In conclusion, if you are unaware, you can and will most likely be prosecuted in Idaho for possession of marijuana. Also, the Idaho State Police are looking for drug traffickers and recreational users alike based on your licence plate and whether or not you signal for less than five seconds.
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