A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
After Kevin Mamon was stopped, Indiana State Police trooper Matthew Wilson said he appeared intoxicated and produced an ID card when asked for his license. As the trooper was verifying that Mamon had a suspended license, Mamon exited his Jeep and began walking along the side of the road, according to the record.
Wilson repeatedly ordered Mamon back in his vehicle, and after he ultimately complied, he sped away, driving up to 80 mph through the work zone, “running people off the road,” and forcing the trooper to end pursuit because of the danger. Mamon was arrested by other troopers.
Mamon appealed his conviction of Class D felony resisting law enforcement, Class A misdemeanor criminal recklessness and Class B misdemeanor reckless driving and enhancement for being a habitual offender. He had failed to preserve an objection to admission of evidence, so he asked the panel to find fundamental error.
The panel declined, relying on Brown v. State, 929 N.E.2d 204, 207 (Ind. 2010).
“(W)here there is ‘no claim of fabrication of evidence or willful malfeasance on the part of the investigating officers and no contention that the evidence is not what it appears to be,’ the claimed error in admission is not fundamental,” Senior Judge Randall Shepard wrote in Kevin J. Mamon v. State of Indiana, 30A01-1301-CR-47.
“In the current case, as in Brown, there is no claim of evidence fabrication or willful malfeasance on the part of law enforcement. To the contrary, Mamon argues Wilson merely misunderstood the law governing tailgating. Mamon does not dispute the truth of Wilson’s testimony and related exhibits. Like the Supreme Court in Brown, we see no grounds for reversal.”