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Indiana Court of Appeals
No. 25A-CR-2932
Appeal from Tippecanoe Superior Court, Judge Michael A. Morrissey. The court affirmed Todd McGraw’s conviction for operating a vehicle with an alcohol concentration equivalent of .15 or more. McGraw argued that the traffic stop violated his constitutional rights due to lack of reasonable suspicion. However, the court found that Sergeant Beutler had reasonable suspicion based on observations of McGraw’s vehicle touching and crossing the fog line, despite McGraw’s claims regarding road conditions. The court also determined that the stop was reasonable under both the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution. Chief Judge Tavitas authored the opinion, with Judges Bradford and Felix concurring. Appellant attorneys: Alexander N. Moseley and Adrian J. Deneen, Dixon & Moseley, Indianapolis. Appellee attorneys: Office of the Indiana Attorney General.
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