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Marshall v. State

Court of Appeals of Indiana

June 20, 2018

Zachariah Marshall, Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff

          Appeal from the Porter Superior Court Trial Court Cause No. 64D04-1611-CM-10105 The Honorable David L. Chidester, Judge

          Attorney for Appellant Michael A. Campbell Valparaiso, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana J.T. Whitehead Deputy Attorney General Indianapolis, Indiana

          MAY, JUDGE.

         [¶1] Zachariah Marshall appeals the trial court's denial of his renewed motion to suppress. He argues the traffic stop initiated by Reserve Officer Sean Dolan which led to Marshall's arrest violated Marshall's Fourth Amendment rights under the United States Constitution because Reserve Officer Dolan did not have reasonable suspicion to stop Marshall. We reverse and remand.

         Facts and Procedural History

[¶2] In the early morning on October 29, 2016, Reserve Officer Dolan initiated a traffic stop of Marshall's vehicle based on Reserve Officer Dolan's observation that Marshall "was going over the posted speed limit." (Tr. Vol. II at 39.) Reserve Officer Dolan explained to Marshall that Reserve Officer Dolan pulled Marshall over for speeding.

         [¶3] Soon thereafter, the stop escalated to an investigation of operating a vehicle while intoxicated. Reserve Officer Dolan's supervisor, Corporal Robert O'Dea, arrived on the scene and arrested Marshall. Reserve Officer Dolan testified he did not write Marshall a citation for speeding because

Marshall's BMV check came back that he had no priors to speeding and also that Mr. Marshall was also under the investigation for an O.W.I., therefore, I knew that he was going to have plenty of money problems and legal problems ahead of him that were going to be costly and I decided to cut him a break on the citation for speeding.

(Id. at 13.)

         [¶4] On November 2, 2016, the State charged Marshall with Class A misdemeanor operating a vehicle while intoxicated, endangering a person;[1] Class C misdemeanor operating a vehicle with an alcohol concentration equivalent to .08 but less than .15;[2] and Class C misdemeanor operating a vehicle while intoxicated.[3] On August 4, 2017, Marshall filed a motion to suppress, alleging the traffic stop was unlawful. The trial court denied Marshall's motion on August 8, 2017.

         [¶5] On August 9, 2017, Marshall filed a renewed motion to suppress, again alleging the traffic stop was unlawful, and requested a hearing on the motion. The trial court granted Marshall's request for a hearing and held a hearing on Marshall's renewed motion to suppress on August 17, 2017. The trial court denied Marshall's renewed motion to suppress on August 18, 2017.

         [¶6] On September 6, 2017, Marshall filed a motion asking the trial court to certify its denial of his renewed motion to suppress for interlocutory appeal. The trial court granted Marshall's request for certification on September 12, 2017. Our court accepted jurisdiction over Marshall's interlocutory appeal on December 5, 2017.

          Discussio ...


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