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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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