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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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