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Traffic stop based on companion’s statement did not violate constitutional protections

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Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.

Damon Ray Bowers brought an interlocutory appeal of the denial of his motion to suppress evidence gathered from a traffic stop. The COA, in Damon Ray Bowers v. State of Indiana, 55A04-1204-CR-180, found the trial court did not err when it denied his motion to suppress, ruling the brief traffic stop was justified by the police having reasonable suspicion that Bowers was intoxicated.

Accordingly, it affirmed and remanded to the trial court for further proceedings.

In the early morning of Oct. 9, 2011, Mooresville police approached April Bowers, the defendant’s ex-wife, after they saw her exit Damon Bowers’ van. She was intoxicated and told the officers she and Damon Bowers had been drinking.

Police pulled over Damon Bowers after he briefly returned to the scene and then left. He appeared intoxicated, admitted to drinking alcohol, and failed three field sobriety tests.

The state charged Damon Bowers with Class D felony operating a vehicle while intoxicated and Class D felony operating a vehicle with an alcohol concentration equivalent of 0.15 or more.

Damon Bowers filed a motion to suppress the evidence from the traffic stop, arguing the stop was not supported by reasonable suspicion and violated his rights under the Fourth Amendment to the U.S. Constitution and Article 1, Section 11 of the Indiana Constitution. The trial court denied the motion.

On appeal, he argued the police did not have the reasonable suspicion required to stop his vehicle because April Bowers said he was “drinking” and not “intoxicated.”

The COA disagreed.  

Citing Litchfield v. State, 824 N.E.2d 356,359 (Ind. 2005), the COA pointed out that to determine reasonableness, it has to consider (1) the degree of concern, suspicion, or knowledge that a violation has occurred, (2) the degree of intrusion the method of the search or seizure imposes on the citizen’s ordinary activities, and (3) the extent of law enforcement’s needs.

The COA found police had “reasonable suspicion” that Damon Bowers was intoxicated based on what they observed and what April Bowers told them. It addition, it deemed the stop of Bowers’ vehicle to be a “minimal intrusion.” Finally, it pointed out that police needed to prevent Damon Bowers from driving further if he was intoxicated so he would not endanger himself or others.

 

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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