U.S. v. Smith

In prosecution on drug and firearm offenses, Dist. Ct. did not err in denying defendant's motion to suppress drugs and gun seized after traffic stop where stop was based on perceived violation of Indiana statute requiring defendant to use turn signal prior to making right turn. While defendant argued that his traffic stop was improper because he was not required to give signal prior to making instant 120-degree turn into adjoining street, Dist. Ct. could properly find that defendant sufficiently rotated his steering wheel so as to qualify as turn under language of Indiana statute and to justify instant traffic stop. Ct. also found that govt. did not constructively amend indictment, which charged that traffic stop occurred "on or about July 13, 2010," even though record showed that traffic stop occurred on July 14, 2010.