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Court addresses fine line between traffic stop, arrest

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The Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a legitimate traffic stop.

A unanimous three-judge panel ruled today in Daniel C. Reinhart v. State of Indiana, No. 57A03-1002-CR-84, which comes from Noble Superior Court. Daniel Reinhart was arrested following an August 2008 encounter with police involving a sheriff’s deputy who’d pulled him over in the early morning hours. At one point, Reinhart pulled his jeep into a driveway where the deputy was sitting with his radar gun and began yelling at the officer through the window. Another man was in the vehicle, and the deputy ordered Reinhart to back up after being concerned about his own safety. He then called for backup and followed Reinhart – witnessing him crossing into other traffic lanes.

The deputy pulled Reinhart over, drew his weapon, and ordered Reinhart to exit his vehicle and get on his knees with his hands on the back of his head. The man stayed in that position for about 90 seconds, and then was ordered to lie flat on his stomach for a pat-down search that revealed a glass marijuana pipe and a baggie of marijuana in his pocket. Officers also noticed there was a smell of alcohol coming from Reinhart, and that he had bloodshot eyes and slurred speech. They handcuffed and arrested him.

During a bench trial in November 2009, the trial judge overruled Reinhart’s objection about the search and admitted the evidence, resulting in a conviction of felony drunk driving and misdemeanor marijuana possession. But the appellate court disagreed with that result.

Though a valid Terry stop allows for officers to take reasonable steps to ensure their safety, the deputy in this case displayed what the appellate judges considered excessive conduct that converted that Terry stop and allowable activity into what constitutes an arrest requiring probable cause.

“While we are mindful of the significant danger faced by police officers during traffic stops, we must balance the interests of officer safety with the privacy interests protected by the Fourth Amendment in requiring law enforcement to use the least intrusive means necessary to investigate a traffic stop,” Judge Terry Crone wrote, citing Wilson v. State, 745 N.E.2d 789, 792 (Ind. 2001). “Under the facts presented, this was more than a minimal deprivation of Reinhart’s liberty of movement necessary to inform (the deputy’s) suspicion that Reinhart was operating a vehicle while intoxicated. The police officers’ behavior in this case exceeded the scope of a Terry stop and became an arrest without probable cause.”

Because police didn’t have probable cause to search Reinhart, the retrieved marijuana and drug material should not have been admitted, the appellate court ruled.
 

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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