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Observation and training provided 'reasonable suspicion' to conduct traffic stop

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A man’s voluntary confession that he was a habitual traffic violator is admissible even though he had not broken any laws when the sheriff’s deputy pulled him over.

The Indiana Court of Appeals affirmed the trial court’s denial of a motion to suppress the evidence on the grounds that the traffic stop was illegal. In Gabriel Atkinson v. State of Indiana, 12A02-1302-CR-149, the appeals court concluded the totality of the circumstances supports the finding that the deputy had a reasonable suspicion for the investigatory traffic stop.

Clinton County Sheriff’s Deputy Dennis Tillman pulled Atkinson over after observing the driver repeatedly drive over the fog line on the right side of the road. Atkinson then told the deputy he was a habitual traffic violator.

After being charged with a class D felony, operating a vehicle as an HTV, Atkinson filed a motion to suppress the evidence. He asserted he should not have been pulled over because he did not commit a traffic infraction.  

Pointing to Wells v. State, 772 N.E.2d 487 (Ind. Ct. App. 2002) and Barrett v. State 837 N.E.2d 1022 (Ind. Ct. App. 2005), the court of appeals explained the driver does not have to commit an actual infraction in order for the officer to become reasonably suspicious to conduct a stop. Rather, in these two cases, the court considered the officer’s observation of erratic driving along with other factors in determining whether all the circumstances provided reasonable suspicion.  

Although Atkinson crossing the fog line was not an infraction, the COA found the deputy’s protracted observation coupled with his training and experience enabled him to determine that he was potentially watching an impaired driver.

“In sum, the State presented articulable facts and observations by Deputy Tillman, the totality of which are sufficient to support a finding of reasonable suspicion to conduct an investigatory stop of Atkinson,” Judge Terry Crone wrote for the court. “As such, we find no abuse of discretion in the trial court’s admission of Atkinson’s identity and statements made during a stop concerning his HTV status.”
   

 

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  • BS
    Well once again the COA writes the law, instead of enforcing the law. Their take is the cop has a badge, so the cop is right, rather, a badge is a license to break the law. I suggest, that the people in this country start surfing the internet for police misconduct and what the police get away with, in Berwyn Heights, Maryland, the police made a drug raid on the Mayor's house and killed his two dogs, of course they did this on a misconception that they were aware of, look it up. Remember Rodney King, things like that go on in America everyday. Just a few days ago, the police in Miami Beach, tasered an 18 year old to death, even after he was handcuffed and on the ground, then they high fived each other! Innocent people are sent to jail everyday, you could be next!

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  1. 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.

  2. 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

  3. 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

  4. 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

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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