ILNews

Court: Police shouldn't have made traffic stop

Back to TopCommentsE-mailPrintBookmark and Share

An appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.

The ruling comes in State of Indiana v. James H. Sitts, No. 02A03-1001-CR-34, which comes from Allen Superior Court and involves a traffic stop for suspected drunk driving in June 2008.

Officer Dennis McCann received a report about an apparent drunk driver traveling northbound on a main artery in Fort Wayne. After responding to that area he began following a southbound pickup truck that could have been the one at issue. Witnessing the vehicle cross out of the lane of traffic into another one, the officer stopped the truck and witnessed signs that Sitts was intoxicated. McCann arrested Sitts for misdemeanor drunk driving and an infraction for crossing the centerline. The local prosecution pressed that “driving left center” infraction, but the trial judge suppressed the evidence after finding the police shouldn’t have made the traffic stop based largely on the observation that the driver “weaved across the center line” once.

The state Attorney General’s Office appealed and argued the lower court was wrong because the driver had in fact crossed the centerline into the opposite lane of travel and that meant McCann had reasonable suspicion to stop Sitts based on the minor traffic violation alone.

But the Indiana Court of Appeals today affirmed the Allen Superior Court’s ruling because there was a simple problem with the state’s arguments: appellee-defendant James Sitts didn’t cross a centerline into opposing traffic, but rather he crossed the line into a lane going in the same direction.

“Sitts did not cross into the opposite lane of travel as the State asserts,” Judge Elaine Brown wrote, applying the facts to the traffic code provision detailed in Indiana Code 9-21-8-2(a). “Thus, we conclude that Officer (Dennis) McCann mistakenly believed that Sitts violated the statute.”

The judges also addressed how McCann didn’t substantiate any part of the report he’d received from dispatch, agreeing with the local judge that relying on that for the stop was unfounded based on Washington v. State, 740 N.E.2d 1241, 1246 (Ind. Ct. App. 2000). Even though police can stop drivers for swerving back and forth between lanes, that didn’t happen here and the officer only observed Sitts crossing into the other lane once.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT