Traffic Stop

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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COA: Consent prevented constitutional violations

March 1, 2010
Jennifer Nelson
The 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.
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Supreme Court rules on police traffic stops

December 21, 2009
Michael Hoskins
The 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.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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