traffic stop
Judges interpret left turn traffic statute
October 24, 2011
Michael HoskinsTurning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana
Court of Appeals ruled Monday.
MoreCOA divided on whether 'bully' comments require new trial
August 3, 2011
Jennifer NelsonThe Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding
the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial
impossible.
MoreCircuit Court affirms admission of drugs, sentence
July 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t
a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
MoreCourt decides 2nd marijuana-odor case in 2 days
July 15, 2011
Michael HoskinsContinuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw
marijuana can be enough for police to search someone during a valid traffic stop.
MoreSearch didn't violate driver's rights
July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
MoreJustices rule officer didn't search car to find gun
July 11, 2011
Jennifer NelsonThe Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the
man’s car during a traffic stop wasn’t searching the car when he saw the gun.
MoreAppellate court upholds motion to suppress after traffic stop
June 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop
a driver believed to be intoxicated.
MoreCOA denies Miranda rights appeal in drunken driving case
March 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision that a man arrested for drunken driving was not entitled
to counsel or a Miranda warning when police asked for his consent to a blood draw because he was not being interrogated
at the time.
MoreAppellate court rules traffic stop legal
December 8, 2010
Jennifer NelsonA police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car
made it on to the street, ruled the Indiana Court of Appeals.
MoreCourt affirms locked glove box search
November 9, 2010
Michael HoskinsWithout a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed
the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
MoreHigh court takes 3 cases
November 2, 2010
IL StaffThe Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s
finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context
of a car on the side of the road.
MoreCOA: Traffic stop allowed in private parking lot
October 4, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law
enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the
property owner to allow officers to enforce traffic ordinances.
More7th Circuit: Officer allowed to resume frisk
August 10, 2010
Jennifer NelsonAs one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine
on you when
police have many reasons why they may legitimately stop the car.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreCourt addresses fine line between traffic stop, arrest
July 9, 2010
Michael HoskinsThe Indiana Court of Appeals has reversed a man’s drunk driving and marijuana possession convictions based on police
officer conduct, finding that the officer shouldn’t have held a gun and handcuffed him during what could have been a
legitimate traffic stop.
MoreCanine sniff case gets second look, same ruling
July 6, 2010
Elizabeth BrockettOn a rehearing petition from the state, the Indiana Court of Appeals reaffirmed today its holding in reversing a conviction
based on a traffic stop involving a canine sniff.
MoreCourt: refusal to identify law applies to passengers
June 22, 2010
Michael HoskinsAlthough state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis
officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion
he’d done anything wrong.
MoreOfficer's questions went beyond seat belt act
June 9, 2010
Jennifer NelsonThe inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.
MoreJudges find search of car for gun not justified
March 4, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found
in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't
factor into their decision making.
MoreCOA: Consent prevented constitutional violations
March 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't
reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
MoreSupreme Court rules on police traffic stops
December 21, 2009
Michael HoskinsThe Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle
matches the physical description of the registered owner obtained from a license plate check.
MoreTraffic infraction not necessary for police stop
September 11, 2009
Jennifer NelsonEven though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could
stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.
MoreCourt denies officer's summary judgment motion
June 3, 2009
Jennifer NelsonA federal judge denied an Indiana State Police officer's motion for summary judgment in a suit alleging he violated a
motorist's rights under the Fourth and 14th amendments, ruling it should be up to a jury to decide the issues because
the parties' stories regarding what happened during the traffic stop differ radically.
MoreCOA: Police didn't need to search car after stop
June 1, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction,
ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
MoreArrest upheld after seatbelt stop
May 22, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt
violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional
rights or the Seatbelt Enforcement Act.
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Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.