Best Criminal Defense Lawyers in South Bend, IN

Traffic Stop Violated Fourth Amendment, People v Estelle. The court of appeals vacated the trial court’s order denying his motion to suppress and to dismiss the charge. The arresting officer (B) “testified that he stopped defendant’s vehicle (1) because defendant had committed a traffic violation, and (2) because he suspected that defendant was intoxicated.” As to the first reason, there was “no evidence that defendant’s vehicle ‘block[ed], obstruct[ed], impede[d], or otherwise interfere[d] with the normal flow of . . . traffic[.]’” The court concluded that B “did not possess a reasonable suspicion to stop defendant’s vehicle for impeding traffic. For the same reasons,” it determined that he lacked “a reasonable suspicion that defendant was creating a ‘traffic hazard.’” As to B’s assertion that it is a violation of the MVC to travel 20 mph in a 30 mph zone, no portion of the MVC was cited to support this. Additionally, any evidence that flowed from the unconstitutional stop is inadmissible as substantive evidence at trial.” As that was the only evidence supporting the charge against defendant, the trial court abused its discretion in denying his motion to dismiss.