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. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.