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. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

ADVERTISEMENT