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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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