Third Circuit Suppresses Gun Found During Unconstitutional Traffic Stop

Posted in Fourth Amendment on June 29, 2025

A recent decision by the U.S. Court of Appeals for the Third Circuit is a major victory for protecting constitutional rights during traffic stops. In United States v. Theodore Clark, III, the Court ruled that evidence obtained from an illegal traffic stop could not be used in court. This case highlights how aggressive police tactics can violate your Fourth Amendment rights, and how an experienced criminal defense lawyer can challenge illegal searches and seizures to get charges dismissed.

Traffic Stop for Minor Violations Leads to Gun Arrest

The case started when police pulled over a minivan for minor traffic violations, including:

✅ Driving without headlights
✅ Using a cell phone while driving
✅ Obstructed view through the windshield

The driver, Donald Roberts, provided his license and proof of insurance. A routine computer check confirmed that Roberts had a valid license, no active warrants, and that the vehicle was properly registered.

At this point, the lawful purpose of the traffic stop was complete, but the officers did not let the men go.

Police Unlawfully Extend the Stop and Discover a Firearm

Instead of ending the stop, the officers continued to question Roberts about his criminal history and other unrelated matters. They also questioned passenger Theodore Clark, even though there was no evidence of wrongdoing by either man.

Eventually, during this prolonged stop, the officers searched Clark, who admitted to having a firearm and a marijuana cigarette. Clark was arrested and charged with unlawful possession of a firearm by a convicted felon, a serious federal offense under 18 U.S.C. § 922(g)(1).

Court Rules Police Violated Fourth Amendment Rights

Clark’s criminal defense attorney filed a motion to suppress the firearm, arguing that the evidence was the result of an unconstitutional traffic stop. The District Court agreed, finding that police had no legal basis to continue detaining or questioning the men after verifying their information.

The government appealed, but the Third Circuit affirmed the suppression, holding that:

✔ The traffic stop’s mission was complete after verifying license, registration, and vehicle ownership
✔ Additional questioning about unrelated criminal history was not allowed without reasonable suspicion
✔ The stop was illegally prolonged, making any evidence obtained — including the gun — inadmissible in court

Why This Case Matters for Traffic Stop Cases

This case is a reminder that police must follow strict rules during traffic stops, even for minor violations. If they extend a stop without clear, articulable suspicion of criminal activity, any evidence they find — even firearms or drugs — can be thrown out.

If you’ve been charged with a offense like firearm or drug possession following a traffic stop, it’s critical to have a skilled criminal defense lawyer review your case.

An experienced attorney will:

✅ Review the police reports and body cam footage
✅ Identify constitutional violations during the stop
✅ File motions to suppress illegally obtained evidence
✅ Fight to have your charges reduced or dismissed

Protect Your Rights — Contact a New Jersey Criminal Defense Lawyer Today

At JD Law, Attorney Jason Dunkle aggressively challenges illegal traffic stops and unconstitutional searches. We know how to fight for your rights and work to get charges reduced or dismissed.  For example, obtained a dismissal of charges against a client charged with Possession With Intent to Deliver approximately 1 kilogram of cocaine after challenging the warrant and obtaining suppression of evidence.

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.