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Friday, July 01, 2011

Ind. Decisions - More on: "That could pull over every single taxi in Broad Ripple"

Updating this ILB entry from this morning, Law Prof. Orin Kerr at The Volokh Conspiracy comments on the Moore v. State opinion. A sample:

What a strange result, and as far as I can tell, entirely avoidable. First, the Miles case seems easily distinguishable. In Miles, the person arrested was found by the officer parked by the side of the road with the window down, and thus was at least plausibly in “public.” In contrast, as I understand Moore, the defendant was only stopped by the side of the road because the police officer seized Moore and forced Moore to be stopped by the side of the road when the officer pulled over the vehicle.

Under the principle of the venerable case of Martin v. State, 31 Ala. App. 334, 12 So.2d 427 (1944) — taught in nearly every 1L criminal law course — I would think this makes a critical difference: An officer can’t force a drunken person to be in “public” and then arrest the person for being drunk in public.

Posted by Marcia Oddi on July 1, 2011 01:56 PM
Posted to Ind. Sup.Ct. Decisions