Clower v. West Virginia Department of Motor Vehicles

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that where officer was at least one block away from a driver, the officer “could not possibly have been affected by [the driver’s] right turn”
• holding that a stop was invalid when based on a mistake of law where officer incorrectly believed the failure to use turn signal violated the law
• recounting the Legislature’s understanding that in some situations, namely, when “no other traffic may be affected by the movement,” a turn signal would serve no purpose
• “The Legislature’s use of the word ‘shall’ ... is given the mandatory meaning of that term.”
• “[T]he circuit court concluded that Mr. Clower’s [sic] was not lawfully placed under arrest because Trooper Kessel did not have the requisite articulable reasonable suspicion to initiate a traffic stop of Mr. Clower’s vehicle. We agree.”

Source: CourtListener parenthetical corpus (CC0).