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At Landsman Law, we regularly challenge traffic stops that lead to criminal charges. A recent Florida appellate decision highlights a critical reality for drivers: even a brief “rolling stop”—often called a “Jersey stop” or “California stop”—can justify a traffic stop, and once that stop is deemed lawful, it can open the door to searches, statements, and ultimately convictions. For the full case see Kent v State 3rd DCA.
The Case: A Half-Second Stop Leads to Drug Charges
In this case, the officer testified that he observed a vehicle approach a stop sign and activate its brake lights for less than half a second before continuing through the intersection.
That observation alone led to a traffic stop. What followed was familiar:
- The driver appeared nervous and evasive
- He consented to a search
- Officers found cocaine in the center console
- The driver made incriminating statements
The defense moved to suppress, arguing the officer did not actually see a traffic violation—only brake lights flickering briefly from a distance.
The trial court denied the motion, and the appellate court affirmed.
The Legal Issue: Was the Stop Valid?
The central suppression question was straightforward:
Did the officer have probable cause to believe a traffic infraction occurred?
Under Florida law, a driver must come to a complete stop at a stop sign. § 316.123(2)(a), Fla. Stat.
The appellate court held:
- A “complete stop” means full cessation of movement (see § 316.003(84))
- A brief illumination of brake lights (less than half a second) supports a reasonable inference that the driver did not fully stop
- That inference alone provides probable cause for a traffic stop
In other words:
👉 The officer does not need to see your wheels fully rolling through the intersection
👉 The officer can rely on objective observations (like timing of brake lights)
👉 Courts will defer to reasonable inferences drawn by the officer
The Big Takeaway: A “Jersey Stop” Is Enough
This case reinforces a reality many drivers underestimate:
You can be pulled over for a “Jersey stop” or “California stop.”
That means:
- Slowing down is not enough
- Rolling through—even cautiously—is not enough
- The stop must be complete and momentary
Even a fraction-of-a-second stop may be interpreted as insufficient—and that interpretation can justify a stop.
Why This Matters for Suppression Motions
From a defense perspective, this case shows how low the bar is for law enforcement to justify a stop.
1. Objective Standard Controls
Courts apply a purely objective test:
- If any probable cause exists, the stop is valid
- The officer’s subjective intent doesn’t matter
Even minimal observations—like brake light timing—can satisfy that standard.
2. Deference to Trial Court Findings
Appellate courts:
- Defer to factual findings if supported by competent, substantial evidence
- Interpret evidence in a way that supports the trial court’s ruling
That makes suppression rulings difficult to overturn on appeal.
3. The Stop Opens the Door to Everything Else
Once the stop is upheld:
- Consent searches become valid
- Statements become admissible (if Miranda-compliant)
- Evidence discovered during the stop is generally not suppressed
In this case, that meant:
- Cocaine evidence came in
- Statements came in
- Convictions were affirmed
Bottom Line for Drivers (and Defendants)
This case is a reminder:
Minor traffic behavior can lead to major criminal exposure.
A simple rolling stop can escalate into:
- A traffic stop
- A vehicle search
- Drug charges
- Statements used against you
And once the stop is upheld, suppression becomes significantly harder.
At Landsman Law, we look closely at every traffic stop—because the legality of that first moment often determines the entire case.
Why Retaining an Attorney Matters
Criminal Defense Lawyer Matt Landsman at Landsman Law helps people accused of crimes in Gainesville, Alachua County, Bradford County, Levy County, Gilchrist County, Marion and surrounding areas of north Florida. If you need help for yourself or a loved one, contact Criminal Defense Attorney Matt Landsman for a free consultation today. For help with any Criminal Matter from Board Certified Criminal Trial Lawyer Matt Landsman – CALL NOW
If you’re accused of any criminal matter, retaining an attorney is critical to protecting your rights. These cases will involve constitutional questions and concern allegations of misconduct or are sensitive in nature, requiring a skill, preparation and experience. For expert legal help, contact Gainesville Defense Lawyer Matt Landsman to protect your rights today.