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Court of Appeals rules that blinking turn signal not enough to support drug conviction

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Finding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals threw out a conviction for possession of marijuana.

Rodney D. Killebrew II was stopped after he traveled through an intersection with his blinker on but did not make a turn. Kokomo Police Officer Chad VanCamp subsequently stopped Killebrew, searched his car, and found two clear plastic bags of marijuana.

During a bench trial, Killebrew was found guilty of possession of marijuana, a Class A misdemeanor, and sentenced to one year suspended, except for time served. He appealed, arguing the trial court abused its discretion when it admitted the evidence discovered when VanCamp pulled him over.

The state countered that the traffic stop was based on a traffic violation and that the officer’s actions fell within the community caretaking function of law enforcement. The COA rejected both arguments and reserved the conviction in Rodney Killebrew II v. State of Indiana, 34A02-1204-CR-303. 

Reviewing state statute, the COA found state law does not prohibit driving with the turn signal on. Since there was no other indication of impairment, VanCamp did not have a reasonable suspicion of lawbreaking to stop Killebrew.  

Writing for the court, Judge Patricia Riley stated, “If we were to hold that an action equally common among unimpaired drivers could justify a traffic stop, that ruling would be ripe for abuse and would not strike a reasonable balance between the government’s legitimate interest in traffic safety and an individual’s reasonable expectation of privacy.”

In rejecting the community caretaking argument, the COA noted VanCamp stopped Killebrew to investigate whether he was an impaired driver. The officer’s search of the car was then an extension of a criminal investigation and not the product of an administrative caretaking function.

Pointing to the U.S. Supreme Court’s finding that the application of the probable cause and warrant requirements of the Fourth Amendment are necessary when investigating criminal conduct, the COA stated it would not extend the community caretaking function to justify a search conducted as a result of a criminal investigation.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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