The 5th Circuit upheld denial of qualified immunity to Officers Samuel Terrell and Jim Lewis on Mario Rosales and Gracie Lasyone’s Fourth Amendment claims, finding the couple plausibly alleged a fabricated traffic stop and unlawful searches at this stage.
The officers said Rosales failed to signal, but dashcam video showed his left-turn indicator blinking as he waited at the intersection. The record did not establish whether he signaled at least 100 feet beforehand, as Louisiana law requires. The stop lasted 21 minutes; officers questioned both occupants about drugs, frisked Rosales and searched his pockets. The panel said he plausibly alleged the searches lacked reasonable suspicion that he was armed and dangerous. A separate registration citation was unsupported: his New Mexico registration remained valid until October 2022, and the charges were dismissed.
On the couple’s First Amendment claim over the officers’ refusal to let them record the stop, the panel said precedent recognizing a right to record police did not clearly establish that right for people detained during traffic stops. The ruling does not determine whether Rosales and Lasyone will ultimately prevail.
