United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2004
Charles R. Fulbruge III
Clerk
No. 03-50499
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEON DASHANN BRATCHER,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-606-ALL
Before JONES, BENAVIDES and CLEMENT, Circuit Judges.
PER CURIAM:*
Leon Bratcher challenges the district court's ruling on
his motion to suppress evidence in his appeal of count one of his
jury conviction for possession with intent to distribute cocaine
base. Bratcher argues that a police officer’s initial stop of his
vehicle violated the Fourth Amendment.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Suppression hearing testimony indicates that a police
officer stopped Bratcher’s vehicle because Bratcher failed to use
a turn signal when pulling out of a parking lot onto a street.
Texas Transportation Code section 545.104 requires a driver to use
a turn signal “to indicate an intention to turn, change lanes, or
start from a parked position.” Id.; see Krug v. State, 86 S.W.3d
764, 766 (Tex. App. 2001)(“[b]y its plain language, Section 545.104
applies whenever the driver has an ‘intention to turn’”). Because
the officer had probable cause to believe that a traffic violation
had occurred, the decision to stop the vehicle was reasonable and
did not violate the Fourth Amendment. See Whren v. United States,
517 U.S. 806, 810 (1996). The judgment of the district court is
therefore AFFIRMED.
2