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Officer's questions went beyond seat belt act

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The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge" in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

A police officer stopped Robert Richardson for driving his truck while not wearing a seat belt. The officer had stopped Richardson before and never had any problems with him. After stopping him, she noticed a large, strangely shaped bulge in his pants which was his handgun. He produced a tattered gun permit, but the expiration date wasn't legible. Based on the issue date, however, the permit should have still been valid. The officer radioed headquarters to do a criminal check on Richardson, but there was a discrepancy on whether he had been arrested for misdemeanors or felonies in the past. The officer tried to arrest him for having a gun with a prior felony conviction, but Richardson struggled. After subduing him, the officer found cocaine in his underwear.

He was charged with felony possession and dealing in cocaine, as well as felony possession of cocaine and a firearm. He also was charged with misdemeanor resisting law enforcement, and battery on a law enforcement officer. The trial court granted Richardson's motion to suppress the evidence.

On appeal, the Indiana Court of Appeals reversed, finding the officer's questions and actions were reasonable under the act based on the totality of the circumstances and concern for safety.

But in State of Indiana v. Robert Richardson, No. 49S02-0910-CR-428, the justices unanimously agreed with the trial court that the officer's actions weren't reasonable under the Seatbelt Enforcement Act. Under the act, a car, the contents of the car, or the driver or passengers may not be inspected, searched, or detained only because they violated the act. If circumstances warrant, an officer may make a further investigation if she believes illegal activity is going on, but the state must prove that the intrusion was reasonable.

The officer who stopped Richardson "crossed a line" because Richardson was cooperative, admitted he wasn't wearing his seat belt, informed her of his gun, and had a valid permit. The fact Richardson had a valid gun permit should have ended any further questioning by the officer, wrote Justice Frank Sullivan.

"There will, of course, be circumstances where something more than an 'unusual bulge' will be visible, or other conditions that provide a police officer with the requisite reasonable suspicion to conduct further inquiry. This is not one of them," he continued.

The Supreme Court remanded for further proceedings on whether Richardson's conduct created probable cause to arrest him for forcibly resisting arrest and battery upon a law enforcement officer. The justices declined to rule on that issue because of an insufficient record as to whether his resisting law enforcement and battery charges were severable offenses independent of the seat belt search that warrant prosecution.

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  • still don't get it.
    Man arrested for not providing ID during seat belt stop. Mayor and Police Dept defend officer's illegal actions. Man files suit.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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