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Appellate court upholds motion to suppress after traffic stop

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The Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop a driver believed to be intoxicated.

In State of Indiana v. Robert Rhodes, No. 49A05-1012-CR-818, the state challenged the grant of Robert Rhodes' motion to suppress following his arrest on an operating while intoxicated charge. Rhodes drove a friend to an impound lot to recover his car. While there, the company employee believed Rhodes was intoxicated and called police officer Larry Giordano, who often worked off-duty for Angie’s List, which was across the street from the impound lot.

Giordano testified he saw Rhodes leave and followed him. Rhodes didn’t signal properly and made an abrupt left into the parking lot of Angie’s List, so Giordano conducted the traffic stop. Rhodes contended that Giordano turned on his emergency lights as soon as he began following Rhodes, so he signaled to turn into the lot to stop.

Although the trial judge wavered between two grounds for rejecting the state’s arguments as to the legitimacy of the traffic violation, he ultimately granted Rhodes’ motion to dismiss.

The state argued that the officer had two reasons to lawfully stop Rhodes – Giordano saw Rhodes commit a traffic violation by not signaling more than 200 feet before turning, and that the officer had reasonable suspicion that Rhodes was operating while intoxicated.

But the state failed to show that compliance with the statute was possible under the circumstances, wrote Judge Terry Crone. Giordano estimated that Rhodes turned on his signal about 150 feet before turning, but the record doesn’t say whether there was at least 200 feet between the place where he turned on to the street from the impound lot and the place where he turned onto the Angie’s List property.

On the reasonable suspicion argument, the record is vague as to what the tow employee told Giordano regarding Rhodes or his vehicle. One other person also left the lot at the same time as Rhodes. Even if the employee’s tip was sufficient to establish reasonable suspicion that someone was driving while intoxicated, there isn’t evidence that Giordano had any basis to conclude that person was Rhodes, wrote Judge Crone.

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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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