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Drunken driving conviction affirmed; tipster’s observations reasonable cause

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The Indiana Court of Appeals affirmed a man’s conviction for Class C misdemeanor operating a vehicle while intoxicated Thursday, though one panelist wrote the court went deeper into the analysis of the defendant’s Fourth Amendment claim than it needed to do.

In Brian Russell v. State of Indiana, 46A03-1212-CR-544, the defendant flashed his headlights at a motorist ahead of him on U.S. 421 between Valparaiso and North Judson, and the motorist pulled over. Russell pulled alongside and asked the motorist how to get to another road.

Russell told the motorist he’d been drinking, but the other driver agreed to lead him to his destination. En route, the other motorist called police and arranged to have them positioned at a gas station at the crossroads. Russell was arrested there.

The majority opinion held that the tip, the motorist’s observations and those of the deputy were probable cause. “Because Russell’s rights under the Fourth Amendment and Article I, Section 11 were not violated, the trial court acted within its discretion in admitting evidence obtained as a result of Deputy Hahn’s investigatory stop of Russell’s vehicle,” Judge Cale Bradford wrote in an opinion joined by Judge Melissa May.

Judge Mark Bailey concurred in a separate opinion.

“The majority rightly concludes that Russell has waived any argument under the Fourth Amendment to the U.S. Constitution, but then performs that analysis itself, waiver notwithstanding,” Mathias wrote. “Under these circumstances, I would conclude that Russell’s Fourth Amendment contention is waived without moving on to address the issue further.”

 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

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