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Justifiable reason to stop driver enough to confirm subsequent conviction

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Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.

Jose Santana appealed his conviction of a Class C felony operating a motor vehicle while privileges are forfeited for life. He was pulled over by Goshen Police Officer Todd Burks after Santana failed to signal a turn less than 200 feet before turning.

Santana argued Burks did not have a valid reason for stopping his truck. He asserted the stop was improper because the officer got the license plate number incorrect.

When Burks ran Santana’s license plate, he omitted one digit and got a report that indicated the truck did not have the proper plate. For this reason, the officer started following the truck but maintained he did not pull Santana over until Santana activated his turn signal 100 to 150 feet before he turned.

Burks pointed to Indiana Code 9-21-8-25 which requires turn signals be activated at least 200 feet before turning or changing lanes.

The Indiana Court of Appeals affirmed the conviction in Jose M. Santana v. State of Indiana, 20A04-1302-CR-54.

Citing Turner v. State, 862 N.E.2d 695, 699 (Ind. Ct. App. 2007), the Court of Appeals ruled Burks may not have followed Santana if he had entered the correct license number, but the officer still had an objectively justifiable reason to stop the driver.  

 

 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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