ILNews

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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

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  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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