Denial of Suppression Motion Affirmed

U.S. v. Gregoire, 2005 WL 2422788 (10th Cir. 10/3/05) - affirmance of denial of motion to suppress. Mr. Gregoire, an African-American driving an older van with out-of-state plates, was pulled over by a state trooper--who was part of a drug enforcement team--for failing to signal that he was merging onto the interstate from the entrance ramp. After the trooper gave him a warning and returned his documents, the COA finds, Mr. Gregoire was free to leave, but instead chose to converse with the trooper and later consented to a vehicle search, which turned up cocaine. The COA finds it a close question, but concludes the district court did not clearly err in its factual finding of the applicability of the state statute requiring Mr. Gregoire to signal. The trooper's observations afforded reasonable suspicion for the stop and his subjective motivation for the stop is not pertinent. Mr. Gregoire waived his claim that he was stopped because he fit the drug profile because he did not develop it at the suppression hearing or in his opening brief.