traffic stop

COA: Stop violated 4th Amendment

May 12, 2016
Scott Roberts
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
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Indiana State Police trooper sued again over proselytizing

April 6, 2016
 Associated Press
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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Dog sniff during traffic stop did not violate Constitution

January 29, 2016
Marilyn Odendahl
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
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Justices: Officer could open container found after pat-down search

January 22, 2016
Jennifer Nelson
A police officer did not commit an unreasonable search when he opened a pill container found following a pat-down search after a man was lawfully placed under arrest for driving without a valid license. The Indiana Supreme Court upheld the search under the state constitution.
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Judges split over reversal of drug conviction after inventory search

January 19, 2016
Jennifer Nelson
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
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Carmel faces federal class-action lawsuit over traffic law

January 12, 2016
Lindsey Erdody, IBJ Staff
The city of Carmel is facing a class-action lawsuit in federal court for its enforcement of a local traffic ordinance a state appeals court has already struck down.
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Justices take intoxicated motorist case that divided COA

December 24, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
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COA upholds vehicle search despite noncompliance with protocol

December 7, 2015
Jennifer Nelson
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
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Temporary tag in rear window gets conviction tossed

November 13, 2015
Marilyn Odendahl
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
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Boilerplate language can’t support warrant for blood draw

October 14, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
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Rehearing upholds drug conviction resulting from traffic stop

August 20, 2015
Marilyn Odendahl
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
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COA orders corrected notification sent to BMV, suggests form update

June 19, 2015
Jennifer Nelson
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
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COA affirms admission of gun and photographs into evidence

May 27, 2015
Jennifer Nelson
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
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Mistaken interpretation of law by officer created reasonable suspicion

March 24, 2015
Marilyn Odendahl
The Indiana Court of Appeals reversed its earlier reversal of a trial court ruling after the Supreme Court of the United States found that reasonable mistakes of law do not violate the Fourth Amendment.
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Justices reverse grant of motion to suppress based on pat-down search

March 2, 2015
Jennifer Nelson
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
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Judges rule counsel was not deficient, drug conviction stands

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
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COA reverses conviction based on unreasonable police search

February 3, 2015
Jennifer Nelson
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Judges reverse 2 convictions based on double jeopardy violations

December 19, 2014
Jennifer Nelson
Finding that the state relied on the same evidence to convict a man of three charges after he fired a gun at police while fleeing, the Indiana Court of Appeals ordered one of those convictions vacated and the other reduced.
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SCOTUS affirms search based on misunderstanding of law

December 15, 2014
 Associated Press
Police can use evidence seized during a traffic stop even if it turns out the officers initially pulled a car over based on a misunderstanding of the law, the Supreme Court of the United States ruled Monday.
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COA reverses marijuana conviction based on illegal traffic stop

December 9, 2014
Jennifer Nelson
A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.
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Judges: Cop shouldn’t have asked driver for license

November 20, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man’s motion to suppress evidence collected during an investigatory traffic stop. The judges held that once the police officer knew the owner of the vehicle – who had a suspended license – was not driving, the investigation should have ended.
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COA affirms man’s speedy trial request not violated

August 21, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.
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COA finds officer had no reason to make woman sit in squad car after stop

August 14, 2014
Jennifer Nelson
 A police officer was not justified in requesting that the woman he pulled over for an expired driver’s license sit in his squad car while he decided how to proceed in the matter, the Indiana Court of Appeals ruled Thursday.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. 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

  3. 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

  4. 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

  5. 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.

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