PA Court Rules Traffic Stop Was Illegal, Suppresses Gun Evidence

Posted in Fourth Amendment on June 29, 2025

Police often look for any reason to conduct a traffic stop to conduct a further investigation and look for drugs or guns. Such stops are called “pretextual”. Such stops routinely occur on interstate 80 in Centre County. The police conduct stops for people that follow too closely, have tinted windows, or drive in the left lane but are not passing anyone. The police conduct the traffic stop, order the person from the vehicle, and then try to coerce consent to search.

In a Pennsylvania Superior Court case, Commonwealth v. Tillery, the defense argued that the traffic stop was illegal, so the gun that was found as a result of a search of the vehicle must be suppressed.

The Tillery Case: A Turn Signal, a Traffic Stop, and a Gun

In the Tillery case, Philadelphia police officers stopped Tillery’s car around 1:30 a.m. after they claimed he pulled into a parking space without using his turn signal. During the stop, officers searched the vehicle and found a gun in the center console. Tillery was arrested and charged with firearm offenses.

Tillery’s defense attorney filed a motion to suppress the evidence, arguing the traffic stop was illegal because Pennsylvania law does not require drivers to use a turn signal when pulling into a parking spot.

The trial court agreed and suppressed the gun evidence, finding that the police lacked probable cause to justify the stop in the first place. The Commonwealth appealed, but the Pennsylvania Superior Court affirmed the decision.

What the Court Decided—and Why It Matters

The law being reviewed was 75 Pa.C.S. § 3334, titled “Turning movements and required signals.” That law states “upon a roadway no person shall turn a vehicle or move from one traffic lane to another or enter the traffic stream from a parked position unless and until the movement can be made with reasonable safety nor without giving an appropriate signal. The Superior Court carefully analyzed the law and found:

✅ The law requires a turn signal when changing lanes or entering the traffic stream—but it does NOT require a signal when pulling into a parking space.
✅ The officer’s misunderstanding of the law did not justify the stop.
✅ Any evidence found during the illegal stop—including the gun—had to be suppressed as the “fruit of the poisonous tree.”

The court emphasized that police cannot stop a driver based on a mistake of law, especially when the law itself is clear. This decision is consistent with long-standing principles under both the Pennsylvania and U.S. Constitutions that protect individuals from unreasonable searches and seizures.

Why This Case Is Important

Many arrests DUI, drugs, or firearm possession start with routine traffic stops. Police often claim minor violations, such as failure to use a turn signal or improper lane changes, to justify pulling a driver over. From there, they may search the vehicle and find drugs, guns, or other evidence leading to criminal charges.

But as the Tillery case shows, if the traffic stop itself was illegal, your defense attorney may be able to have that evidence suppressed—meaning it can’t be used against you in court.

Charged After a Traffic Stop? Talk to a State College Criminal Defense Attorney

If you were pulled over and charged with a crime in Centre County, don’t assume the police acted lawfully. An experienced defense attorney can review your case, challenge the legality of the stop, and fight to suppress any evidence obtained through unconstitutional police action.

At JD Law, we have extensive experience challenging illegal stops and protecting the rights of drivers and passengers. We know the law—and we know how to hold police accountable when they overstep.  Attorney Dunkle obtained suppression of evidence in a Mifflin County DUI case based upon an illegal traffic stop.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.