Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Bouye

Court of Appeals of Indiana

January 10, 2019

State of Indiana, Appellant-Plaintiff,
v.
Michael Dwayne Bouye, Appellee-Defendant

          Court of Appeals Case No. 18A-CR-1730 Appeal from the Marion Superior Court The Honorable Clayton A. Graham, Judge Trial Court Cause No. 49G07-1704-CM-12980

          Attorneys for Appellant Curtis T. Hill, Jr. Attorney General of Indiana Caryn N. Szyper Deputy Attorney General Indianapolis, Indiana

          Attorney for Appellee Timothy J. Burns Indianapolis, Indiana

          BAKER, JUDGE.

         [¶1] The State appeals the trial court's order granting Michael Bouye's motion to suppress, arguing that the arresting officer had reasonable suspicion to stop Bouye's vehicle. Finding that there was reasonable suspicion, we reverse and remand for further proceedings.

         Facts

         [¶2] On April 8, 2017, Indianapolis Metropolitan Police Department (IMPD) Officer Ross Jette was driving down 38th Street in Indianapolis. At approximately 2:42 a.m., he conducted a license plate check using the Indiana Data and Communication System (IDACS) of a 2000 white Saturn driving directly in front of him. The database search showed that the license plate was registered for a different vehicle: a 2005 Jeep Renegade. Officer Jette ran the same check again to verify his findings, and the search returned the same result.

         [¶3] Officer Jette then conducted a traffic stop of the white Saturn, believing that the driver (Bouye) was improperly operating a vehicle with a license plate belonging to a different vehicle.[1] Sometime during the stop, Officer Jette discovered marijuana and noticed that Bouye was possibly intoxicated. Appellant's App. Vol. II p. 14-16. Officer Jette arrested Bouye.

         [¶4] Later that day, the State charged Bouye with one count of Class A misdemeanor possession of marijuana, one count of Class C misdemeanor operating a vehicle while intoxicated, and one count of Class C misdemeanor operating a motor vehicle with an A.C.E. of .08 or more. Bouye moved to suppress the evidence, alleging that Officer Jette did not have reasonable suspicion to stop his vehicle and that all evidence attained from the stop should be excluded.

         [¶5] At the June 26, 2018, suppression hearing, Bouye's wife testified that she was the owner of the 2000 white Saturn that Bouye was driving on the night of the incident. She also testified that she purchased the vehicle on March 1, 2017, and that one day later, she registered the vehicle with the Bureau of Motor Vehicles (BMV). After selling her 2005 Jeep Renegade, she transferred its license plate to the couple's 2000 white Saturn and re-registered the plate with the BMV as well. Bouye's wife presented the registration receipt to prove that the 2005 Jeep Renegade plate was properly registered with the 2000 white Saturn on March 2, 2017, more than one month before Bouye's arrest.

         [¶6] The trial court granted Bouye's motion to suppress all evidence obtained as a result of the stop, holding that there was a "breakdown somewhere" that misled Officer Jette and that he did not have a reasonable suspicion to stop the vehicle. Tr. Vol. II p. 22-23. The State now appeals.

         Discussion and Decision

         [¶7] On appeal, the State argues that the motion to suppress should be reversed, claiming that Officer Jette had the reasonable suspicion necessary to stop Bouye's vehicle.

         [¶8] The State is appealing from a negative judgment, [2] so it has the burden to show that the trial court's ruling on the suppression motion was contrary to law. State v. Brown, 70 N.E.3d 331, 335 (Ind. 2017). We will reverse this negative judgment only if the evidence points to a conclusion opposite that reached by the trial court. State v. Moriarity, 832 N.E.2d 555, 557-58 (Ind.Ct.App. 2005). We review the trial court's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.