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Traffic infraction not necessary for police stop

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Even though a police officer didn't see a driver commit any traffic infractions before pulling him over, the officer could stop the car because he believed the driver might have been injured or impaired, the Indiana Court of Appeals affirmed today.

In Lucian Potter v. State of Indiana, No. 41A04-0904-CR-217, Lucian Potter argued his traffic stop wasn't proper because the officer that pulled him over didn't see him commit any traffic violations. Potter was stopped after Greenwood Police Officer Nicholas Dine spotted him weaving within his lane of traffic and nearly hit a concrete median when turning onto a road. Potter failed the field sobriety tests and portable breath test. At trial, his motion to suppress was denied; he was convicted of Class D felony operating a vehicle while intoxicated with an enhanced sentence for being a habitual offender.

In challenging his motion to suppress, Potter argued the police officer violated his Fourth Amendment rights for pulling him over because he didn't witness Potter violating any traffic laws.

The Fourth Amendment isn't violated by a brief, investigatory stop conducted by an officer who has reasonable suspicion that criminal activity is afoot, wrote Judge Carr Darden. Dine testified that based on his training and experience, he thought the car's erratic movements were a sign of impairment or that someone was ill or injured. He wanted to make sure the driver was OK and further investigate the situation.

"These are articulable facts that support the reasonable suspicion that criminal activity was taking place, to wit: that the driver was operating the SUV while impaired from intoxication. Such circumstances warranted a brief traffic stop to 'confirm or dispel' Dine's suspicion in this regard," the judge wrote.

The appellate court also rejected Potter's argument that the Maryland case, Lewis v. State, 920 A.2d 1080 (Md. 2007), and the dissent of State v. Barrett, 837 N.E.2d 1022 (Ind. Ct. App. 2006), show that to comport with the Fourth Amendment, a traffic stop can't be initiated until an officer sees a traffic violation.

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  1. @BryanJBrown, You are totally correct. I have no words, you nailed it.....

  2. You have not overstated the reality of the present situation. The government inquisitor in my case, who demanded that I, on the record, to choose between obedience to God's law or man's law, remains on the BLE, even an officer of the BLE, and was recently renewed in her contract for another four years. She has a long history in advancing LGBQT rights. http://www.realjock.com/article/1071 THINK WITH ME: What if a currently serving BLE officer or analogous court official (ie discplinary officer) asked an atheist to affirm the Existence, or demanded a transsexual to undergo a mental evaluation to probe his/her alleged mindcrime? That would end a career. The double standard is glaring, see the troubling question used to ban me for life from the Ind bar right here: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners (see page 8 of 21) Again, what if I had been a homosexual rights activist before law school rather than a prolife activist? A gay rights activist after law school admitted to the SCOTUS and Kansas since 1996, without discipline? A homosexual rights activist who had argued before half the federal appellate courts in the country? I am pretty certain that had I been that LGBQT activist, and not a pro-life activist, my passing of the Indiana bar exam would have rendered me an Indiana attorney .... rather than forever banished. So yes, there is a glaring double standard. And some are even beyond the reach of constitutional and statutory protections. I was.

  3. Historically speaking pagans devalue children and worship animals. How close are we? Consider the ruling above plus today's tidbit from the politically correct high Court: http://indianacourts.us/times/2016/12/are-you-asking-the-right-questions-intimate-partner-violence-and-pet-abuse/

  4. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  5. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

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