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Hole in tail lamp no cause for traffic stop, appeals panel rules

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An Indiana State Police trooper who pulled over a Jeep because a hole in its tail lamp emitted white light lacked probable cause to initiate the traffic stop that resulted in drunken-driving charges.

On interlocutory appeal, a panel of the Indiana Court of Appeals on Monday reversed Marion Superior Judge Becky Pierson-Treacy’s denial of a motion to suppress evidence gathered in the Northside Indianapolis traffic stop. After the stop, driver Brad Kroft was charged with Class A misdemeanor operating a vehicle with an alcohol concentration equivalent of 0.15 or more, and Class C misdemeanor operating a vehicle while intoxicated.

During a trial court hearing on his motion to suppress, Kroft presented as evidence a photo of the tail lamp that had a dime-sized hole but nonetheless emitted red light. I.C. 9-19-6-4 requires vehicles to have two tail lamps that, when lighted, emit a red light plainly visible from a distance of 500 feet to the rear.

In  Brad Kroft v. State of Indiana, 49A04-1211-CR-593, Judge Nancy Vaidik wrote for the panel, “Because both tail lamps worked and the tail lamp with the tiny hole was overwhelmingly red when illuminated, we find that the state trooper did not have reasonable suspicion to stop Kroft. We therefore reverse the trial court’s denial of Kroft’s motion to suppress.”

ISP Trooper Mike McCreary testified that he stopped Kroft’s vehicle because he believed that a broken tail lamp was a violation of the law. In the six-page opinion, Vaidik cited State v. Sitts, 926 N.E.2d 1118, 1120 (Ind. Ct. App. 2010): “an officer’s mistaken belief about what constitutes a violation does not amount to good faith. Such discretion is not constitutionally permissible.”

“Based on Trooper McCreary’s testimony, there is simply no evidence of any danger to motorists approaching the Krofts from behind, as the State attempts to demonstrate on appeal,” Vaidik wrote.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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