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Court: Police shouldn't have made traffic stop

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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.
 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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