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COA splits over whether pat down after traffic stop was justified

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A majority on the Indiana Court of Appeals concluded that a trial court abused its discretion when it denied a man’s motion to suppress drug evidence found on him after police pulled him over for failing to signal a turn. But the dissenting judge believed the arresting officer had sufficient reason to think the defendant might be armed and dangerous during their encounter.

Terre Haute Police Officer Adam Loudermilk pulled over Robert L. Dixon’s vehicle after Dixon turned without signaling. Dixon pulled into a residential neighborhood, parked his car, got out of the car and began to walk away. Loudermilk ordered Dixon back to his car after threatening to use his Taser. After checking Dixon’s license and registration, Loudermilk recognized his name as a possible drug dealer. Loudermilk called for backup and decided to perform a pat-down search of Dixon. The search yielded three baggies of cocaine.

Dixon sought to suppress the drug evidence found on him, claiming the search violated the Fourth Amendment. The trial court denied his motion.

Judge Patricia Riley and Margret Robb reversed, pointing out that Loudermilk did not have any reason to believe Dixon was engaged in criminal activity at the time he pulled him over, he saw no weapon on Dixon when he was out of the car, and there were no open warrants or issues with Dixon’s identification. A Terry stop does not allow for a generalized cursory search for weapons, or any search for anything but weapons, Riley wrote.

Judge Cale Bradford dissented, pointing out that Loudermilk had credible information that Dixon might be a drug dealer. Dixon also appeared very nervous while sitting in the car, rocking back and forth and sticking his hands in his pockets. Bradford believed that the pat-down of Dixon was justified by concerns for officer safety.

The case, Robert L. Dixon v. State of Indiana, 84A01-1307-CR-339, is remanded for further proceedings.

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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