State v. Jihad

MOORE, Justice:

We granted a writ of certiorari in this case1 and now address the sole issue whether driving a vehicle with a non-functioning brake light supports a traffic stop. We find it does and reverse.

FACTS

Fifteen pounds of marijuana were seized from respondent’s car after a highway patrolman pulled him over for a broken brake light. Respondent was charged with trafficking in marijuana. At a pre-trial suppression hearing, the trial judge ruled the initial traffic stop was not supported by probable cause because South Carolina law requires only one brake light to be working. Accordingly,…