ILNews

COA: Stop lacked reasonable suspicion

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrint
The Indiana Court of Appeals overturned a defendant's drug conviction because the traffic stop that led to his arrest was unconstitutional; the police officer who pulled the car over didn't have reasonable suspicion there was criminal activity going on in the car.

Damen Holly appealed his conviction of possession of marijuana as a Class A misdemeanor in Damen Holly v. State of Indiana, No. 49A02-0711-CR-930. Holly was pulled over by a police officer after the officer ran a license plate check of the vehicle Holly was driving. The check revealed the car was registered to a woman named Terry Sumler and her license was suspended.

The police officer was unable to see if Sumler was driving the car, so he pulled it over. Sumler was a passenger in the car and Holly was driving. Holly also had a suspended license.

The officer ordered Sumler, Holly, and another passenger to get out of the car while another police officer searched the vehicle. During the search, the officer discovered marijuana; Holly admitted the drugs were his.

At his trial, Holly moved to suppress the marijuana evidence, arguing officers lacked reasonable suspicion to stop the car and search it. The trial court denied the motion, and he was convicted.

The trial court abused its discretion in admitting the evidence, ruled the Court of Appeals, and reversed Holly's conviction. The appellate court based its reversal on Wilkinson v. State, 743 N.E.2d 1267 (Ind. Ct. App. 2001), which ruled an officer has to have a reasonable suspicion that criminal activity is afoot and that the officer's knowledge that a car's owner lacks a valid license, by itself, isn't enough to give the officer reasonable suspicion to stop a car.

"In a case such as this where the officer has observed absolutely nothing that would indicate that the driver of the vehicle is the owner and the officer has no reason to believe that the vehicle is stolen or that a law is otherwise being broken, the officer lacks objective justification for conducting an investigatory stop," wrote Judge Nancy Vaidik.

As such, the police officer didn't have reasonable suspicion to pull Holly over and search the car. Any evidence collected during the stop - including the marijuana - is inadmissible under the Fourth Amendment, she wrote. The remaining evidence is insufficient to support his conviction, so his conviction is reversed.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT