ILNews

Checkpoint doesn't violate separation of powers

Back to TopE-mailPrintBookmark and Share

The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.

Philip Cleer, who was convicted of Class C misdemeanor operating a vehicle with a blood alcohol concentration between 0.08 and 0.15, argued the checkpoints violate the Indiana Constitution’s separation of powers provision because conducting checkpoints isn’t specifically authorized by the Indiana General Assembly. Cleer was directed by Indiana State Police to pull into a checkpoint in Indianapolis, where he failed three field sobriety tests and had a blood alcohol content of 0.08.

Cleer claims the General Assembly only authorized the detention of a person when a “law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation. …”  Because he didn’t commit any infraction or ordinance violation when he was directed into the checkpoint, Cleer argues the police were without a legislative basis to detain him. But the appellate court rejected his argument in Philip Cleer v. State of Indiana, No. 49A02-0912-CR-1193.

“To the extent Indiana Code Section 34-28-5-3 is considered the legislative authorization to detain a person suspected of committing an infraction or ordinance violation, there is no indication that the General Assembly has denied law enforcement the ability to detain a person suspected of committing a misdemeanor or a felony,” wrote Judge Michael Barnes. “Further, Cleer cites no authority for the proposition that the General Assembly is required to specifically authorize detention in all criminal investigations.”

Without more evidence, Cleer failed to show that the checkpoint violated the separations of powers provision of the state’s constitution, the judges unanimously concluded.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

ADVERTISEMENT