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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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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