COA reverses trial court in OWI case

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The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.

In State of Indiana v. Johnnie S. McCaa, No. 56A04-1107-CR-341, police stopped Johnnie McCaa, the driver of a semitrailer, after receiving reports that he had been driving erratically. But because of a pre-existing crash, when police pulled over McCaa, his truck was blocking the only open lane of traffic.

Newton County Sherriff’s Sgt. Shannon Cothran questioned McCaa about his driving, and McCaa said he had been driving erratically because he spilled a can of soda in his lap. Cothran did not observe any obvious signs of intoxication, but because McCaa was blocking the roadway, Cothran ordered him to drive his truck to a nearby gas station. Cothran and another officer followed him, and saw McCaa drive off the road three times en route to the gas station.

McCaa argued that by asking him to drive to the gas station, police created a situation to enhance probable cause to believe McCaa was intoxicated. At the gas station, while his breath test showed no alcohol in his blood, he failed standard field sobriety tests. Cothran took McCaa to a hospital for urinalysis, the details of which were not included in the appeal.

The COA wrote that due to the fact McCaa was blocking the only open lane of traffic, it was not unreasonable to ask him to move his vehicle, nor was it unsafe, as police followed him. It therefore reversed the trial court’s grant of McCaa’s motion to suppress evidence obtained after the initial stop.

Judge Michael Barnes issued a separate opinion and wrote that he “begrudgingly concurred” with the majority opinion, stating: “No mistake should be made that law enforcement officers could or should allow a person to drive a vehicle, observe the driver, and buttress their probable cause because of these observations. These circumstances are the proverbial ‘once in a lifetime,’ fortunately for police.”



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.