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Transfer granted to traffic-stop cases

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The Indiana Supreme Court has granted transfer to three cases dealing with traffic stops.

In Thomas A. Armfield v. State of Indiana, No. 29A02-0802-CR-101, the Indiana Court of Appeals affirmed Thomas Armfield's conviction of operating a vehicle after a lifetime suspension, ruling the trial court didn't err in admitting evidence from a traffic stop during Armfield's trial. The police officer made the stop of Armfield's car based on a random license plate check revealing Armfield was the owner. Previous caselaw has ruled that knowledge that a registered owner of a car who has a suspended license is enough to constitute reasonable suspicion for an officer to initiate a traffic stop.

In Damen Holly v. State of Indiana, No. 49A02-0711-CR-930, the Court of Appeals overturned Damen Holly's drug conviction because the traffic stop that led to his arrest was unconstitutional. The appellate court ruled the officer who stopped the car Holly was driving didn't have reasonable suspicion there was criminal activity going on in the car. Holly was originally pulled over after the officer ran a license plate check of the car to show it was registered to a woman.

In Kail Fortson v. State of Indiana, No. 82A04-0801-CR-16, the appellate court reversed Fortson's conviction of receiving stolen property because the judges believed the circumstances of the case didn't support a reasonable inference Fortson had knowledge the car he was driving was stolen. Fortson was charged with receiving stolen property after police pulled over the car he was driving that matched the description and license plate number of a car reported stolen. Judge Nancy Vaidik dissented based on the evidence that Fortson was found in possession of the truck about two miles away from where it was stolen just a few hours earlier. The jury that heard the case rejected his explanation that he borrowed the car, she wrote, and based on the totality of the circumstances, she would affirm his conviction.

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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