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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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