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Two traffic stops and two motions to suppress result in two different rulings

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A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.

In both cases, drivers were stopped after county deputies observed them on the roadway and concluded they were impaired. Both defendants filed motions to suppress the evidence, but only one was successful.

The Supreme Court affirmed the denial of the motion to suppress in Joanna S. Robinson v. State of Indiana, 20S04-1307-CR-471. It agreed with the trial court’s decision to give deference to what Elkhart County Sheriff Deputy Casey Claeys said he saw even when that testimony conflicted with the video he made of the incident.

Claeys said he watched Robinson drive off the road twice then turned on his vehicle camera and initiated the traffic stop. The video showed Robinson weaving onto the fog line but not off the road.

Robinson was subsequently convicted of possession of marijuana and operating while intoxicated, both Class A misdemeanors, and operating with the breath-alcohol level over 0.08, a Class C misdemeanor. She appealed, arguing the trial court wrongly denied her motion to suppress.

Like the trial court, the Supreme Court gave more weight to Claeys’ testimony than to the video.

 “…when Deputy Claeys testified at the suppression hearing, the trial judge heard his testimony – along with the other witness testimony and evidence, including the video – through the lens of his experience and expertise,” Judge Mark Massa wrote for the majority. “Ultimately, that experience and expertise led the trial judge to weigh Deputy Claeys’s testimony more heavily than the video evidence, and we decline Robinson’s invitation to substitute our own judgment for that of the trial court and rebalance the scales in her favor.”

Justice Robert Rucker dissented, arguing the Indiana Court of Appeals was correct in finding the evidence from the traffic stop should not have been admitted in court.

He argued that rather than crediting Claeys’ testimony, the trial court concluded that Robinson’s weaving provided reasonable suspicion for pulling her over. However, Rucker contended that reasonable suspicion for a traffic stop required more than weaving onto the fog line.  

In State of Indiana v. Darrell L. Keck, 67S01-1403-CR-179, the Supreme Court affirmed the trial court, granting the defendant’s motion to suppress the evidence.

Putnam County Sheriff’s Deputy Terry Smith pulled Keck over after he observed Keck driving 12 miles per hour slower than the speed limit, come to a complete stop before turning left, and then driving down the middle of that county road.  

Keck was charged with operating a vehicle while intoxicated and operating a vehicle with an alcohol concentration equivalent of 0.08 or more, both Class C misdemeanors. He filed a motion for suppression, noting he did not come to a full stop before turning and he drove left of center to avoid hitting the potholes in the road.

The trial court took notice of the poor road conditions in the county and agreed that evasive action, including driving left of center, was necessary. It granted the motion to suppress.

The Indiana Supreme Court agreed that Smith lacked reasonable suspicion to stop Keck.

“We emphasize that our opinion today should not be taken to mean that driving left of center would never give rise to reasonable suspicion sufficient to support a traffic stop,” Massa wrote for the court. “All we hold today is that here, in this case, the trial court did not clearly err in concluding under these circumstances, that Keck’s driving left-of-center did not provide reasonable suspicion to stop him.”
 

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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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