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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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