ILNews

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. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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