06/16/2026
The Second DCA granted State’s request for oral argument after they appealed my win in yet another case where my client was stopped for the classic “failing to maintain a lane” - despite the appellate court repeatedly finding that is not a valid basis in itself to conduct a stop. The court asked,
“So are we getting in the way of public safety with those three opinions?”
(stating that failure to maintain is not a basis for traffic stop if it doesn’t affect any other traffic or pedestrians)
I explained that “I believe the Court is protecting our Constitutional rights and I believe the motoring public is thankful for the Court’s watchful eye - keeping in line with our Constitutional freedoms that are guaranteed to us. And I believe that deferring entirely to law enforcement completely erodes our 4th Amendment protections. And it’s a very dangerous and slippery slope when we allow the officer to say ‘because I said so’ / ‘because it was right’ / ‘it was the right thing to do’ - so for that reason I hope that the court will uphold the order of the trial court and find that the stop was unlawful. Thank you”
And with that, we wait to see if the Court will turn its back on its three prior opinions in favor of essentially abolishing our 4th amendment right when driving or whether they’ll uphold my win and (again) tell the State to stop infringing upon our right to be free from unreasonable search and seizure. 💃🏻🙇🏻♀️