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Arrest upheld after seatbelt stop

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The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.

In State of Indiana v. Robert Richardson,  No. 49A02-0807-CR-583, the state appealed the grant of Robert Richardson's motion to suppress evidence after he was arrested following a traffic stop. The officer believed Richardson was carrying a gun without a valid permit and later discovered cocaine in Richardson's pants. The officer originally pulled Richardson over for a seatbelt violation. As she was talking to his passenger, she noticed a large bulge in his pants, which was his handgun. Suspecting Richardson's gun permit could be forged, she radioed for information on whether Richardson had any prior felonies. Headquarters said he did, so she arrested him for having a firearm with a prior felony conviction in the last 15 years. He tried to run away, and in an attempt to subdue Richardson the officer discovered cocaine in his pants.

Using previous caselaw regarding the Seatbelt Enforcement Act, the appellate court ruled it wasn't impermissible under the act for the officer to ask a motorist what the large object in his pants was. The inquiry didn't exceed the scope of police behavior permitted under the Seatbelt Enforcement Act; Article I, Section 11 of the Indiana Constitution; or the Fourth Amendment, wrote Judge Paul Mathias.

The Court of Appeals also had to address the propriety of Richardson's arrest for carrying a handgun. When Richardson handed the officer his gun permit, it had been issued a year prior to the traffic stop, which means if it was a valid license, it would have been good for three more years or for life. Because it was tattered and the officer couldn't read the expiration date, she believed it could be forged. Headquarters told the officer Richardson had a felony on his record, but Richardson argued it was a misdemeanor. At this point, the officer had good reason to suspect the validity of Richardson's handgun license and therefore had probable cause to arrest him for carrying a handgun without a valid license, wrote the judge.

But the appellate review doesn't stop there, because the information the officer received was incorrect because Richardson didn't have a prior felony conviction. The Court of Appeals had to determine whether the evidence found as a result of this arrest, which was later found to be improper, should be suppressed under the exclusionary rule, noted Judge Mathias. Using the recent ruling in Herring v. United States, 129 S.Ct. 695 (2009), as a guide, the appellate court believed the application of the rule as stated in Herring is proper in the instant case. The incorrect information by itself is not enough to justify suppression of evidence discovered as a result of an arrest, wrote Judge Mathias. The mistake in the instant case, just as in Herring, appears to be a "police mistake" which was the result of negligence, rather than systemic error or reckless disregard of constitutional requirements. As such, exclusion isn't justified.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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