ILNews

Two traffic stops and two motions to suppress result in two different rulings

Back to TopCommentsE-mailPrintBookmark and Share

A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.

In both cases, drivers were stopped after county deputies observed them on the roadway and concluded they were impaired. Both defendants filed motions to suppress the evidence, but only one was successful.

The Supreme Court affirmed the denial of the motion to suppress in Joanna S. Robinson v. State of Indiana, 20S04-1307-CR-471. It agreed with the trial court’s decision to give deference to what Elkhart County Sheriff Deputy Casey Claeys said he saw even when that testimony conflicted with the video he made of the incident.

Claeys said he watched Robinson drive off the road twice then turned on his vehicle camera and initiated the traffic stop. The video showed Robinson weaving onto the fog line but not off the road.

Robinson was subsequently convicted of possession of marijuana and operating while intoxicated, both Class A misdemeanors, and operating with the breath-alcohol level over 0.08, a Class C misdemeanor. She appealed, arguing the trial court wrongly denied her motion to suppress.

Like the trial court, the Supreme Court gave more weight to Claeys’ testimony than to the video.

 “…when Deputy Claeys testified at the suppression hearing, the trial judge heard his testimony – along with the other witness testimony and evidence, including the video – through the lens of his experience and expertise,” Judge Mark Massa wrote for the majority. “Ultimately, that experience and expertise led the trial judge to weigh Deputy Claeys’s testimony more heavily than the video evidence, and we decline Robinson’s invitation to substitute our own judgment for that of the trial court and rebalance the scales in her favor.”

Justice Robert Rucker dissented, arguing the Indiana Court of Appeals was correct in finding the evidence from the traffic stop should not have been admitted in court.

He argued that rather than crediting Claeys’ testimony, the trial court concluded that Robinson’s weaving provided reasonable suspicion for pulling her over. However, Rucker contended that reasonable suspicion for a traffic stop required more than weaving onto the fog line.  

In State of Indiana v. Darrell L. Keck, 67S01-1403-CR-179, the Supreme Court affirmed the trial court, granting the defendant’s motion to suppress the evidence.

Putnam County Sheriff’s Deputy Terry Smith pulled Keck over after he observed Keck driving 12 miles per hour slower than the speed limit, come to a complete stop before turning left, and then driving down the middle of that county road.  

Keck was charged with operating a vehicle while intoxicated and operating a vehicle with an alcohol concentration equivalent of 0.08 or more, both Class C misdemeanors. He filed a motion for suppression, noting he did not come to a full stop before turning and he drove left of center to avoid hitting the potholes in the road.

The trial court took notice of the poor road conditions in the county and agreed that evasive action, including driving left of center, was necessary. It granted the motion to suppress.

The Indiana Supreme Court agreed that Smith lacked reasonable suspicion to stop Keck.

“We emphasize that our opinion today should not be taken to mean that driving left of center would never give rise to reasonable suspicion sufficient to support a traffic stop,” Massa wrote for the court. “All we hold today is that here, in this case, the trial court did not clearly err in concluding under these circumstances, that Keck’s driving left-of-center did not provide reasonable suspicion to stop him.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT