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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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