ILNews

COA: Stop lacked reasonable suspicion

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals overturned a defendant's drug conviction because the traffic stop that led to his arrest was unconstitutional; the police officer who pulled the car over didn't have reasonable suspicion there was criminal activity going on in the car.

Damen Holly appealed his conviction of possession of marijuana as a Class A misdemeanor in Damen Holly v. State of Indiana, No. 49A02-0711-CR-930. Holly was pulled over by a police officer after the officer ran a license plate check of the vehicle Holly was driving. The check revealed the car was registered to a woman named Terry Sumler and her license was suspended.

The police officer was unable to see if Sumler was driving the car, so he pulled it over. Sumler was a passenger in the car and Holly was driving. Holly also had a suspended license.

The officer ordered Sumler, Holly, and another passenger to get out of the car while another police officer searched the vehicle. During the search, the officer discovered marijuana; Holly admitted the drugs were his.

At his trial, Holly moved to suppress the marijuana evidence, arguing officers lacked reasonable suspicion to stop the car and search it. The trial court denied the motion, and he was convicted.

The trial court abused its discretion in admitting the evidence, ruled the Court of Appeals, and reversed Holly's conviction. The appellate court based its reversal on Wilkinson v. State, 743 N.E.2d 1267 (Ind. Ct. App. 2001), which ruled an officer has to have a reasonable suspicion that criminal activity is afoot and that the officer's knowledge that a car's owner lacks a valid license, by itself, isn't enough to give the officer reasonable suspicion to stop a car.

"In a case such as this where the officer has observed absolutely nothing that would indicate that the driver of the vehicle is the owner and the officer has no reason to believe that the vehicle is stolen or that a law is otherwise being broken, the officer lacks objective justification for conducting an investigatory stop," wrote Judge Nancy Vaidik.

As such, the police officer didn't have reasonable suspicion to pull Holly over and search the car. Any evidence collected during the stop - including the marijuana - is inadmissible under the Fourth Amendment, she wrote. The remaining evidence is insufficient to support his conviction, so his conviction is reversed.
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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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