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COA finds officer had no reason to make woman sit in squad car after stop

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 A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.

Bartholomew County Sgt. Kriston Weisner pulled over Stephanie Lucas’ car after running her license plate number and finding out her driver’s license was expired. She pulled into a gas station and was smoking a cigarette when the sergeant approached her car. A couple of minutes after he stopped her, Weisner requested Lucas come to his patrol car to “review the information and decide what we are going to do.” She complied and as they spoke about her expired license, he smelled alcohol on her breath. Lucas complied to field tests and a certified chemical breath test, which showed a BAC of 0.10.

She was charged with various drunken driving charges and a misdemeanor marijuana possession charge, and she filed a motion to suppress. She claimed she was subjected to an investigatory detention that exceeded its permissible scope. The trial court denied her motion.

Judge Patricia Riley pointed out that Weisner could not identify one reason related to the initial purpose of the stop for needing Lucas to sit in his patrol vehicle. He even admitted that he could have accomplished his objective at the side of her vehicle. He testified he did not see Lucas speed, improperly change lanes or perform any other erratic driving. He did not smell any alcohol on her until she sat in his car and she didn’t show signs of intoxication.
 
“While there is no bright-line test for evaluating whether an investigatory stop satisfies the reasonableness requirement of the Fourth Amendment, an investigative stop must be accomplished using the least intrusive means readily available absent some particular circumstance justifying an additional intrusion,” Riley wrote for the majority that included Judge Margret Robb. “Here, the traffic stop was more intrusive than authorized for a permissible investigatory stop because Sergeant Weisner did not articulate a legitimate reason as to why he could not complete his investigation standing alongside Lucas’ vehicle. As a result, suppressing the evidence obtained after Sergeant Weisner unreasonably moved Lucas to his squad car is necessary as a means of deterring police officers from impinging the guarantees of the Fourth Amendment in the future.

Judge Cale Bradford concurred in result in a separate opinion. He did not believe the sergeant’s request that Lucas sit in his patrol car violated her Fourth Amendment rights, but under the circumstances of this case, Lucas was subjected to an illegal custodian interrogation without first being advised of her rights.

The case is Stephanie Lucas v. State of Indiana, 03A01-1309-CR-389.
 

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  • A Boy Named Kriston
    Agreed on 4th Amendment call - that was just bad policing that resulted in dismissal for repeat offender. What kind of parent names their boy "Kriston"?
  • man bites dog
    reading an appeal these days which actually upholds the fourth amendment is kind of a man bites dog types story.... GOOD DECISION!

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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