United States of America v. Ray Cornelius Calvert

Texarkana, Arkansas, criminal defense lawyer represented the Defendant charged with possession with

intent to distribute a controlled substance, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(viii).



Ray Calvert was driving a rental car when an Arkansas state trooper stopped him for illegal lane changes. While waiting for dispatch to run criminal history reports, the passenger who rented the car consented to a search. The trooper found-2-bundles of methamphetamine in the glove box.



Calvert argues that the stop was unconstitutional. He claims he didn't commit a traffic violation, so the trooper lacked reasonable suspicion for the stop. But the district court credited the trooper's testimony that he believed Calvert illegally changed lanes. That finding is not clearly erroneous, and a traffic violation justifies a stop. See United States v. Bonilla, 86 F.4th 1196, 1198 (8th Cir. 2023) (reviewing factual findings for clear error); United States v. Hanel, 993 F.3d 540, 543 (8th Cir. 2021) ("Any traffic violation, however minor, provides probable cause for a traffic

stop.” (citation omitted)); United States v. Herrera-Gonzalez, 474 F.3d 1105, 1109 (8th Cir. 2007) (even an officer's mistaken belief that a violation occurred can justify a stop as long as the belief was objectively reasonable).