traffic stop

COA reverses trial court in OWI case

January 30, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.
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Driver's appeal based on misinterpretation of previous COA decision

January 30, 2012
Jenny Montgomery
A woman convicted of Class A misdemeanor driving while suspended within 10 years of a prior infraction misinterpreted a prior case in support of her appeal.
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Judges reverse denial of motion to suppress

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
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7th Circuit examines traffic 'turn' definition

January 3, 2012
Michael Hoskins
While Indiana statute doesn’t specifically define the word “turning” in the context of traffic law, the 7th Circuit Court of Appeals has held the failure to use a right-hand turn signal at an intersection amounts to a violation and justifies a traffic stop.
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Uncommunicative felon fails to persuade COA that trial court erred

December 30, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a trial court in determining that testimony about a felon’s silence post-arrest was not inappropriate.
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Justices rule on citizen tip in drunk driving case

December 30, 2011
Michael Hoskins
The Indiana Supreme Court has held that a police officer had reasonable suspicion to make an investigatory stop after receiving from dispatch a concerned citizen’s report of a suspected drunk driver.
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Judges interpret left turn traffic statute

October 24, 2011
Michael Hoskins
Turning 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.
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COA divided on whether 'bully' comments require new trial

August 3, 2011
Jennifer Nelson
The 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.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 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.
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Court decides 2nd marijuana-odor case in 2 days

July 15, 2011
Michael Hoskins
Continuing 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.
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Search didn't violate driver's rights

July 14, 2011
Jennifer Nelson
The 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.
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Justices rule officer didn't search car to find gun

July 11, 2011
Jennifer Nelson
The 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.
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Appellate court upholds motion to suppress after traffic stop

June 14, 2011
Jennifer Nelson
The 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.
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COA denies Miranda rights appeal in drunken driving case

March 24, 2011
Jenny Montgomery
The 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.
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Appellate court rules traffic stop legal

December 8, 2010
Jennifer Nelson
A 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.
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Court affirms locked glove box search

November 9, 2010
Michael Hoskins
Without 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.
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High court takes 3 cases

November 2, 2010
IL Staff
The 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.
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COA: Traffic stop allowed in private parking lot

October 4, 2010
Jennifer Nelson
The 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.
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7th Circuit: Officer allowed to resume frisk

August 10, 2010
Jennifer Nelson
As 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.
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Judge worries ruling may make bright-line rule in traffic stops

July 27, 2010
Jennifer Nelson
A 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.
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Court addresses fine line between traffic stop, arrest

July 9, 2010
Michael Hoskins
The 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.
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Canine sniff case gets second look, same ruling

July 6, 2010
Elizabeth Brockett
On 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.
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Court: refusal to identify law applies to passengers

June 22, 2010
Michael Hoskins
Although 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.
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Officer's questions went beyond seat belt act

June 9, 2010
Jennifer Nelson
The 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.
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Judges find search of car for gun not justified

March 4, 2010
Jennifer Nelson
A 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.
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  1. Two cops shot execution style in NYC. Was it first amendment protest, or was it incitement to lawlessness? Some are keeping track of the body bags: http://www.breitbart.com/big-government/2014/12/13/al-sharpton-leads-thousands-in-saturday-march-on-washington-dc/

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

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