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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. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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