ILNews

Transfer granted to traffic-stop cases

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT