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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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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