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Supreme Court to hear OWI case based on observed speeding stop

September 24, 2018

The Indiana Supreme Court granted transfer to a case on Monday involving a defendant’s motion to suppress evidence from a traffic stop that led to his arrest.

In Zachariah Marshall v. State of Indiana, 64A05-1710-CR-2368, the Indiana Court of Appeals reversed and remanded a trial court’s denial of Zachariah Marshall’s motion to suppress evidence after he was arrested for speeding when it found that there was insufficient evidence to prove how fast Marshall was driving. Marshall was charged with Class A misdemeanor operating a vehicle while intoxicated after he was stopped, but he was not charged with speeding.

In its decision, the appellate court noted that while the arresting officer had a properly calibrated radar that was working, he could not testify to Marshall’s speed, but only that he was going faster than the posted speed limit based on his observation alone.

In its determination, Judge Melissa May concluded, “…we hold he did not have specific articulable facts to support his initiation of a traffic stop, and therefore the traffic stop violated Marshall’s Fourth Amendment rights.”

The high court denied 13 other cases for the week ending Sept. 21.

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