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Justices split in traffic-stop decision

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The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.

The majority ruled in State of Indiana v. Raymond Washington, Jr., No. 02S03-0804-CR-191, that Raymond Washington's Fourth Amendment and Article 1, Section 11 of the Indiana Constitution rights weren't violated when police discovered marijuana on him after he was stopped. Police saw Washington riding a moped that crossed the centerline and he was not wearing a helmet or goggles, which is required for riders younger than 18. The officer thought Washington was underage and pulled him over. After he discovered he was over 18, he asked whether Washington had any guns, drugs, or anything that could harm the officer. Washington admitted he had marijuana.

At trial, Washington filed a motion to suppress, claiming violations of the Fourth Amendment and Section 1, Article 11 of the Indiana Constitution. The trial court granted the motion, and the Indiana Court of Appeals affirmed.

The majority overturned the trial court, finding the officer's conduct didn't violate the federal or state constitutions. The issue of whether police questions unrelated to the initial reason for a detention may constitute an unlawful seizure hasn't been specifically addressed by the U.S. Supreme Court.

Citing cases from the U.S. Supreme Court and various Circuit courts, Indiana's justices found the brief questioning of Washington as to whether he had any drugs, weapons, or anything that could harm the officer wasn't itself a search and seizure and wasn't prohibited by the Fourth Amendment, wrote Justice Brent Dickson. The officer's question didn't cause an excessive delay, and Washington wasn't obligated to answer the questions.

Applying the Litchfield factors to the instant case, the majority found the officer had a reasonable basis for stopping Washington, the degree of police intrusion was slight, and the officer's conduct in making the stop was appropriate to enforce traffic laws. In addition, the question about drugs and weapons was consistent with the officer's concern for his safety and his responsibility to deter crime, intercept criminal activity, and arrest perpetrators, wrote Justice Dickson. As a result, Washington's rights under the Indiana Constitution weren't violated.

Justices Theodore Boehm and Robert Rucker dissented in separate opinions. Justice Boehm didn't concur with the majority's Fourth Amendment analysis but agreed that the amendment doesn't bar brief questioning of a person subjected to a Terry stop. However, he wrote the Indiana Constitution requires reasonable suspicion of a separate offense before an officer conducting a traffic stop can broaden the questioning to other subjects beyond those dealing with the traffic stop and officer safety.

Justice Rucker dissented from the majority finding Washington's rights were violated under the federal and state constitutions. A police officer asking a stopped motorist about the presence of drugs with no basis whatsoever to believe they are present, is patently unreasonable, he wrote. Also, once the officer realized Washington was over 18, his traffic stop was done; just because someone is nervous, it doesn't alone constitute reasonable suspicion, he wrote.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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