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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. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  4. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  5. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

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