ILNews

Court of Appeals rethinks previous opinion on traffic stops

Back to TopCommentsE-mailPrintBookmark and Share

Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.

In Joanna S. Robinson v. State of Indiana, 20A04-1209-CR-561, Robinson was stopped after a sheriff’s deputy observed her drive off the right side of the road twice. During the traffic stop, Robinson failed three sobriety tests and admitted she had marijuana in her bra.

At trial, Robinson filed a motion to suppress the evidence obtained at the traffic stop, asserting the deputy lacked reasonable suspicion to stop her because the video from the sheriff’s car showed that she stayed within her lane.

While the trial court conceded it could not conclude from the video that her car actually left the road, the court did see the vehicle veering on two occasions onto the fog line which is sufficient to justify a stop. It subsequently denied Robinson’s motion.

Robinson was convicted of operating a vehicle with a suspended license, a Class A misdemeanor; possession of marijuana, a Class A misdemeanor; and operating a vehicle while intoxicated, a Class A misdemeanor.

The COA ruled that Robinson’s brief contact with the fog line was not sufficient to provide reasonable suspicion that she was impaired. Consequently, the court found the evidence obtained from the stop should not have been admitted and Robinson’s convictions must be reversed.

At the appeal, both parties referenced Barrett v. State, 837 N.E.2d 1022 (Ind. Ct. App. 2005), trans. denied (2006). Here the majority concluded that driving on the fog line was a sign of impairment and combined with a tip about drug activity, provided reasonable suspicion for the traffic stop.

However, Judge Paul Mathias dissented, arguing that briefly touching the fog line was insufficient to establish reasonable suspicion.

Writing for the court in the Robinson opinion, Judge Terry Crone, who authored the Barrett decision, agreed with the point made in the dissent.

“The Barrett majority’s analysis of the driver’s swerving onto the fog line was intertwined with analysis of the tip concerning possible drug activity, a circumstance not present (in Robinson),” Crone wrote. “Nevertheless, to the extent that Barrett may be read to stand for the proposition that briefly driving on the fog line is necessarily sufficient to establish reasonable suspicion of impaired driving, we acknowledge that it likely goes too far. Further review of the cases cited in the dissent, their progeny, and additional authorities from other jurisdictions leads us to the conclusion that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.”



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Shechan Caroline am from Los Angeles I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.oku, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact is okutemple@gmail.com or add him on whasapp +2347053113465?

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

ADVERTISEMENT