Failure to use turn signal justifies traffic stop despite Oklahoma statute that seems to make use optional if other traffic not affected

SEARCH & SEIZURE United States v. Burkley, No. 07-6000, ___ F.3d ___ (10th Cir. Jan. 15, 2008)(W.D. Oklahoma). Appeal of convictions for possessing marijuana with intent to distribute, carrying firearm during drug trafficking crime, and being unlawful user of marijuana in possession of firearms in violation of 21 U.S.C. § 841(a)(1), 18 U.S.C. § 924(c)(1)(A), and 18 U.S.C. § 922(g)(3). HELD: District court did not err by denying defendant’s motion to suppress drug and firearm evidence seized during traffic stop. Stop was lawful because it was based on reasonable suspicion. Police officer who observed defendant’s vehicle make turn without signaling had ample reason to believe defendant had violated Oklahoma traffic statute even though statute requires use of turn signal only "in the event any other traffic may be affected" by the turn. Read the opinion here.