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,
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana J.T. Whitehead Deputy Attorney General
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.
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
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
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.)
On November 2, 2016, the State charged Marshall with Class A
misdemeanor operating a vehicle while intoxicated,
endangering a person; Class C misdemeanor operating a vehicle
with an alcohol concentration equivalent to .08 but less than
and Class C misdemeanor operating a vehicle while
intoxicated. 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.
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.
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.