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COA: Traffic stop allowed in private parking lot

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The Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the property owner to allow officers to enforce traffic ordinances.

The judges took Donald L. Pruitt v. State of Indiana, No. 55A01-0912-CR-597, on interlocutory appeal, in which Pruitt argued a traffic stop after an officer saw him driving in a bar’s parking lot without his headlights on was invalid because it happened in a private business parking lot. He claimed since there was no contract between the property owner and police as defined in Indiana Code sections 9-21-18-1 to -15, the officer couldn’t him stop him. The officer determined Pruitt’s driving privileges had been suspended. He was charged with operating a motor vehicle after driving privileges had been suspended for life as a Class C felony.

The appellate court disagreed with Pruitt’s reasoning because the code says a local governmental unit and private business property or shopping center owners may contract to allow the unit to regulate parking and traffic.

“We do not read this statute or any other provision of Indiana Code sections 9-21-18-1 to 9-21-18-15 to bar law enforcement officers from investigating violations on private property such as shopping centers in the absence of a contractual agreement with each and every such property,” wrote Senior Judge Patrick Sullivan.

The Court of Appeals also found that I.C. Section 9-30-10-17 isn’t explicitly limited in application to those who drive on public roads. The legislature also chose not to include such limiting language, which indicates that the danger to the public from a habitual traffic offender driving without a license is as great in a private parking lot as it is on public highways, the judge continued.

Pruitt also argued that the code that regulates headlights is only applicable to cars driving on public highways. Although that is the case, the statute doesn’t necessarily imply that a driver is always allowed to drive without headlights on private property, the court concluded.

“Such a reading of the statute would run counter to the policy of facilitating safe automobile traffic. Furthermore, the statute neither states nor implies that an officer is barred from stopping a driver for driving without headlights on private property,” Senior Judge Sullivan wrote.     
 

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  1. I need an experienced attorney to handle a breach of contract matter. Kindly respond for more details. Graham Young

  2. I thought the slurs were the least grave aspects of her misconduct, since they had nothing to do with her being on the bench. Why then do I suspect they were the focus? I find this a troubling trend. At least she was allowed to keep her law license.

  3. Section 6 of Article I of the Indiana Constitution is pretty clear and unequivocal: "Section 6. No money shall be drawn from the treasury for the benefit of any religious or theological institution."

  4. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  5. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

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