Indiana woman seeks to end suit against preaching ex-trooper
An Indiana woman who sued a now former state trooper, claiming he violated her civil rights by preaching to her during a traffic stop, wants to end her lawsuit.
Traffic Stop
Articles
Majority: Trooper’s questioning violated Seatbelt Enforcement Act
A state trooper’s recollection of a woman’s name on a national drug registry does not provide an independent basis of reasonable suspicion justifying him to investigate more than a seat belt violation that initiated the traffic stop, the Indiana Court of Appeals held in a 2-1 decision. As such, the judges reversed the woman’s motion to suppress evidence that led to a drug charge.
COA majority rules dog sniff did not prolong stop
The Indiana Court of Appeals reversed a woman’s motion to suppress evidence found at a traffic stop in a 2-1 decision after the court ruled the stop was not extended by an officer’s check of the car with his dog.
COA: Stop violated 4th Amendment
A police officer was not within his community caretaker function when he pulled over a woman who left a gas station after she escaped from getting stuck under car, the Indiana Court of Appeals ruled. The public safety issue did not outweigh her right to privacy.
Indiana State Police trooper sued again over proselytizing
An Indiana State Police trooper faces a second lawsuit accusing him of preaching his faith to citizens while on duty.
COA: Anonymous tipster’s information enough for conviction
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
Dog sniff during traffic stop did not violate Constitution
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
Justices: Officer could open container found after pat-down search
A police officer did not commit an unreasonable search when he opened a pill container found following a pat-down search after a man was lawfully placed under arrest for driving without a valid license. The Indiana Supreme Court upheld the search under the state constitution.
Judges split over reversal of drug conviction after inventory search
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
Carmel faces federal class-action lawsuit over traffic law
The city of Carmel is facing a class-action lawsuit in federal court for its enforcement of a local traffic ordinance a state appeals court has already struck down.
Justices take intoxicated motorist case that divided COA
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
COA upholds vehicle search despite noncompliance with protocol
Even though two Indianapolis police officers did not follow the department’s general order on towing and impounding vehicles after a traffic stop, the Indiana Court of Appeals upheld a man’s drug convictions.
Temporary tag in rear window gets conviction tossed
A Hendricks County Sheriff’s deputy’s ignorance of where a temporary license plate can be displayed on a car led the Indiana Court of Appeals to overturn a drunken-driving conviction.
Boilerplate language can’t support warrant for blood draw
The Indiana Court of Appeals reversed the denial of a woman’s motion to suppress a blood sample taken after a police officer suspected her of drunken driving. The judges found the affidavit did not contain specific information alleging the woman drove a vehicle.
Rehearing upholds drug conviction resulting from traffic stop
An Indianapolis man who got a second bite at the apple could not convince the Indiana Court of Appeals his traffic stop lasted too long.
COA orders corrected notification sent to BMV, suggests form update
The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.
COA affirms admission of gun and photographs into evidence
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
Justices reverse grant of motion to suppress based on pat-down search
In a 4-1 decision Monday, the Indiana Supreme Court ruled it is not inherently coercive for police to give conditional permission to step out of a vehicle during a traffic stop, subject to the motorist’s consent to a pat-down search.
Judges rule counsel was not deficient, drug conviction stands
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
COA reverses conviction based on unreasonable police search
A police officer had no reasonable suspicion to believe that a container found in a man’s pocket during an arrest held any illegal substances, the Indiana Court of Appeals ruled Tuesday. As such, it reversed his Class D felony possession of schedule III controlled substance conviction, ruling it violated the Indiana Constitution.