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Monday, December 19, 2016

Ind. Decisions - "Supreme Court Overturns Driver Welfare Traffic Stop"

Mary Osborne v. State of Indiana, decided Nov. 29th by the Supreme Court, is the subject of a Dec. 16th post at the "Driving politics" blog, The Newspaper.com. It begins:

The Indiana Supreme Court last month ruled that it is more important for police to respect the privacy of drivers than to pull them over to check whether they are in need of assistance. The justices took up the case of Mary Osborne, who on December 14, 2014 forgot to use the parking brake on her black BMW at a Marathon gas station in Fishers. The car rolled backward and briefly pinned her under the car.

The gas station attendant called 911, and Officer Jason Arnold arrived on the scene, only to watch as the BMW safely drove away. Officer Arnold did not see any traffic violations, but he decided to stop her anyway.

"I was concerned that [she] potentially could have been seriously injured, broken bones or anything," he testified. "Or something was wrong with them that started this whole thing to begin with because it's not normal behavior."

Posted by Marcia Oddi on December 19, 2016 01:12 PM
Posted to Ind. Sup.Ct. Decisions