Published by the Indiana Judicial Center
Brief contact twice with the fog line on a curvy road at night did not confer reasonable suspicion for a traffic stop.
Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.
Presence of defendant’s DNA on an object at the crime scene, standing alone, was insufficient to prove he committed the offense.
When defendant pled guilty to reckless homicide based on death of the driver of the vehicle defendant crashed into, the deceased driver’s passenger was a “victim” for whom trial court properly ordered restitution payment of medical expenses.
Rejects argument that “the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing in all drunk-driving cases,” and holds instead “that exigency in this context must be determined case by case based on the totality of the circumstances.”
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
30 South Meridian Street, Suite 900
Indianapolis, Indiana 46204
Case Clips are selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Judicial Center. The full text of Indiana opinions may be retrieved from the Indiana Judicial System website at courts.IN.gov/opinions.
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