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No constitutional violations in stopping car with interim dealer plate

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Finding an Indianapolis police officer had reasonable suspicion to conduct an investigatory stop of a car with an interim dealer plate, the Indiana Court of Appeals affirmed the driver’s conviction of Class C felony operating a motor vehicle after his driving privileges had been forfeited for life.

In Carl Croom v. State of Indiana, 49A05-1304-CR-144, Carl Croom argued that the officer did not have reasonable suspicion under the Fourth Amendment of the United States Constitution and Article 1, Section 11 of the Indiana Constitution that his interim dealer license plate was unregistered.

Indianapolis Metropolitan Police Department Officer Bryan Zotz stopped Croom’s vehicle under the mistaken belief that the license plate was expired. About two months before the stop, the state linked newly issued interim dealer plates to the National Law Enforcement Telecommunications System. It placed the new interim dealer plates in the Bureau of Motor Vehicles system and allowed road officers to have access to the information. The plate on Croom’s car was an old plate, and it did not show up as on file with the BMV when the officer ran it while sitting behind Croom’s vehicle at a traffic light. That’s when Zotz initiated the traffic stop, leading to the discovery that Croom was driving without a valid license.

But the plate was valid; dealers had a stockpile of the old version and were allowed to issue the old plates to buyers.
 
The Indiana Court of Appeals found the stop by Zotz did not violate the U.S. or Indiana constitutions.
 
“The only way for Officer Zotz to determine whether Croom was compliant with the law was to initiate a traffic stop. Because Officer Zotz believed that an interim dealer license plate would only be valid if it was in the newly searchable system, the lack of registration information established reasonable suspicion for the traffic stop. The Supreme Court’s decision in Sanders (v. State, 989 N.E.2d 332, 336 (Ind. 2013)) compels us to find that Officer Zotz’s good-faith reasonable belief that a violation occurred was sufficient to establish reasonable suspicion under the Fourth Amendment,” Judge Nancy Vaidik wrote.

“Balancing the high degree of concern, suspicion, or knowledge that a violation occurred and the needs of law enforcement against the low degree of intrusion, we conclude that Officer Zotz had reasonable suspicion under Article 1, Section 11. Therefore, we affirm the trial court’s decision to admit the evidence obtained from the traffic stop,” the court held.
 

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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. 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.

  3. 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

  4. 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

  5. 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

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