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Appellate court rules traffic stop legal

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A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.

Dustin Haynes appealed the denial of his motion to suppress evidence. He was convicted of Class C felony operating a motor vehicle while privileges are forfeited for life after Gas City Chief of Police Kirk McCollum saw Haynes’ car parked in a handicapped spot without a proper permit. McCollum was patrolling a parking lot and drove by the car, which didn’t have a handicap license plate. He also didn’t see a permit hanging from the rearview mirror.

When he drove by again to verify there wasn’t a permit lying on the dashboard or another visible area, Haynes backed out of the spot and left the parking lot. The officer followed and pulled him over on the street. Haynes admitted to not having the proper handicap placard and being a habitual traffic violator with his driving privileges currently suspended.

Haynes claimed McCollum had no reasonable suspicion to stop him because he didn’t commit any traffic violations. The officer had a chance to give him a parking ticket while Haynes was in the lot, but didn’t, so he had no reasonable grounds to stop him later.

“We find that Officer McCollum had sufficient basis to detain Haynes pursuant to I.C. § 34-28-5-3, which allows a law enforcement officer to detain an individual believed to have committed an infraction. I.C. § 34-28-5-3 further permits a law enforcement officer to ascertain the individual’s identity,” wrote Judge Patricia Riley in Dustin Haynes v. State of Indiana, No. 27A02-1003-CR-311. “Because Officer McCollum had probable cause to believe Haynes had committed an infraction, his detention of Haynes was reasonable and did not violate either the state or federal constitutions.”

Haynes cited State v. Medlar, 638 N.E.2d 1105, 1105-06 (Ohio Ct. App. 1994), and State v. Holmes, 569 N.W.2d 181 (Minn. 1997), to support his argument, but the judges ruled under the analysis in Holmes, McCullom had probable cause to stop Haynes’ car. McCullom personally saw Haynes commit the violation, and under Holmes, he was allowed to stop Haynes to enforce the violation because Haynes was driving off before he could issue the ticket.

Although the facts of Holmes are distinguishable, the analysis of law is applicable, wrote Judge Riley. As such, McCollum had reasonable suspicion to stop Haynes and therefore the stop was legal.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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