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Supreme Court rules on police traffic stops

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The Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle matches the physical description of the registered owner obtained from a license plate check.

But with not having to perform that additional verification, police have also been told by a split Supreme Court in a companion case ruling that they can't continue a traffic stop investigation if they've already observed the registered owner in question isn't the person behind the wheel.

In a unanimous decision issued Friday, justices adopted as precedent two cases from the Indiana Court of Appeals in the past decade, which specifically hold that police officers' knowledge that the registered owner of a vehicle has a suspended license is enough to constitute reasonable suspicion for initiating a traffic stop, often referred to as a Terry stop based on the U.S. Supreme Court's four-decade-old precedent.

"The safety of Indiana's roadways strongly points toward initiating a Terry stop when the police officer knows that the registered owner of a vehicle has a suspended license," Justice Frank Sullivan wrote for the court. "But this legitimate public safety concern is, of course, subject to the Fourth Amendment right to be secure from unreasonable searches and seizures. We believe that this right is vindicated by requiring that officers must be unaware of any evidence or circumstances which indicate that the owner is not the driver of the vehicle before initiating a Terry stop."

The Supreme Court's decision came in Thomas A. Armfield v. State of Indiana, No. 29S02-0811-CR-590.

From Hamilton Superior Court, the case involves a Carmel police officer who was conducting license plate checks in September 2005. He ran the plate of a 1992 blue GMC truck that was ahead of him, but before getting results passed the truck and wasn't able to verify the driver's identify in that time or because of tinted windows. When he learned that Thomas Armfield was the registered owner and had a lifetime suspension of driving privileges, he and another officer made the stop. They verified his identity and arrested him, resulting in a felony charge of operating a motor vehicle after forfeiture of a license for life. Armfield's efforts to suppress the stop were denied at the trial court and he was ultimately found guilty and sentenced to six years.

On appeal, the Court of Appeals affirmed that judgment last year and held the traffic stop was valid. Justices took the case to resolve a split in caselaw from the intermediate appellate court.

Adopting a two-prong test, justices ruled that an officer has reasonable suspicion to initiate a traffic stop when the officer knows that the registered owner has a suspended license and when that officer is unaware of anything indicating the owner isn't the driver at the time. This rule doesn't require police to match physical descriptions, the court ruled, agreeing with the state that verifying those identities compromises safety by requiring police to do more to clearly observe drivers during driving.

Specifically, the justices relied on caselaw found in Kenworthy v. State, 738 N.E.2d 329 (Ind. Ct. App. 2000), and State v. Ritter, 801 N.E.2d 689 (Ind. Ct. App. 2004), both of which the Indiana Supreme Court had denied transfer. In those cases, police had made stops but not verified any descriptions prior to the stops. Justices opted against what they referred to as the first strand of caselaw, in which the Court of Appeals had decided Wilkinson v. State, 743 N.E. 2d 1267 (Ind. Ct. App. 2001), which held that the stop was valid only when police could clearly see and determine the driver's identity.

Applying that analytical framework to a similar case, the justices expanded on the issue and took it a step further in Damen Holly v. State of Indiana, No. 49S02-0811-CR-591, which stemmed from the other line of caselaw. In that case, an Indianapolis officer conducting a routine patrol ran a plate check on the vehicle in front of him and found the owner had a suspended license. He initiated a stop based on that information, finding the male driver Damen Holly behind the wheel rather than the registered owner, an African-American female who was one of the two passengers inside. Holly told the officer he didn't have a driver's license but everyone in the vehicle provided other identifying information, which showed the officer that Holly's license was also suspended. Police searched the vehicle and found a small bag of marijuana belonging to Holly inside. Ultimately, Holly was found guilty of misdemeanor marijuana possession.

The Court of Appeals reversed that decision last year, following the Wilkinson line of rationale about police needing to verify identities before making a traffic stop. The officer in Holly hadn't done that, and the appellate court had found the stop wasn't valid. Justices granted the appeal and reversed in a split decision, holding that the trooper should have halted the traffic stop investigation once observing that it wasn't the registered owner - an African-American female with a suspended license - behind the wheel, but a male driver instead. Justice Robert Rucker wrote the ruling that Justices Brent Dickson and Theodore Boehm joined.

Chief Justice Randall T. Shepard and Justice Frank Sullivan dissented in their own separate opinions.

"The majority's decision appears rooted in the concern that police officers would otherwise abuse their authority and engage in discriminatory enforcement of traffic laws," the chief justice wrote, noting that the initial stop was a valid one and the Indianapolis officer's request for ID was a routine stop procedure. "Absent any evidence that the minimal request would have otherwise prolonged the stop, even had Holly possessed a driver's license, I can see no evil in the request."

Justice Sullivan made similar observations, and also pointed out that caselaw from outside Indiana isn't binding and other precedent could have offered a better picture for the court to use as guidance.

"In my view, there is a consensus of authority more instructive, arising in the context of a police officer's 'community caretaking function' that stands for the proposition that the Fourth Amendment is not violated when an officer requests a driver's license to run a status check without probable cause or reasonable suspicion, provided there is an initial, valid police driver contact."

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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