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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. 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.

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  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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