Indiana Woman Arrested For Exercising Caution

[renauldo]

My thought is: If I was a police officer aware of the kind of bad stuff that happens to police officers during routine traffic stops: in this situation I would have waited until she reached a well lit area before I "Lit her up"

 

[Prometheus]

My thought is: If I was a police officer aware of the kind of bad stuff that happens to police officers during routine traffic stops: in this situation I would have waited until she reached a well lit area before I "Lit her up"

This case will go down in flames in front of jury, let alone a preliminary hearing. All the defense has to do is drive down the road with a video camera once during the day and once during the night.

30 seconds of video each for a total of 60 seconds.

Judge will toss the case in a heart beat, aside from being dark and desolate there is no shoulder to pull over onto, only an idiot would make her stop there. I posted a screen shot from google a page or two back.

 

[HoughMade]

This charge isn't going anywhere. She has the right lawyer and the right judge.

Further, affiant sayeth naught.

 

[Kirk Freeman]

let alone a preliminary hearing.

A what now?

 

[Fargo]

A what now?

Perhaps he is referring to challenging probable cause at the initial hearing, although a no PC finding does not automatically equal a dismissal?

 

[Prometheus]

Perhaps he is referring to challenging probable cause at the initial hearing, although a no PC finding does not automatically equal a dismissal?

I'm not up with all the cool kid legal mumbo jumbo but yes, initial hearing or whatever it is called. Prima facia evidence the cop is full of crap and in no way could it be felony resisting, yada yada.

 

[Fargo]

I'm not up with all the cool kid legal mumbo jumbo but yes, initial hearing or whatever it is called. Prima facia evidence the cop is full of crap and in no way could it be felony resisting, yada yada.

Unlike some other states, Indiana does not require a judge or grand jury to find PC in order for a case to proceed. The PC finding is required for the person to be held or post a bond, but not for a prosecution to proceed.

There is a mechanism for the defense to move to dismiss based upon the charging instrument not alleging an actual crime, but not simply because there is no PC finding.

That said, a prosecutor is generally on thin ice if he is proceeding on a case where there does not appear to be PC as it violates the Rules of Professional Responsibility to knowingly do so and he can be censured/suspended/disbarred.

 

[LPMan59]

At least his lights came on.

lol

And did she get dragged out of her car and proned out?

 

[lonehoosier]

Former NWI resident knows risk of pulling over for fake cop
Former NWI resident knows risk of pulling over for fake cop

 

[lonehoosier]

UPDATE

Prosecutor drops fleeing charge in disputed arrest of Portage nurse
Prosecutor drops fleeing charge in disputed arrest of Portage nurse

From the story.

"After a review of the circumstances surrounding Ms. Good’s arrest, the Porter County Sheriff’s Office supports Porter County Prosecutor Gensel’s decision to drop the charges," according the the written statement.
"We would like to reiterate if you are ever being stopped by a vehicle that you do NOT believe is a police vehicle, then drive to a safe and well lit area before you stop. The Officers of the Porter County Sheriff’s Office are dedicated to protect and serve our citizens."

This is amazing, this is exactly what she got arrested for doing.

 

[KG1]

UPDATE

Prosecutor drops fleeing charge in disputed arrest of Portage nurse
Prosecutor drops fleeing charge in disputed arrest of Portage nurse

From the story.

"After a review of the circumstances surrounding Ms. Good’s arrest, the Porter County Sheriff’s Office supports Porter County Prosecutor Gensel’s decision to drop the charges," according the the written statement.
"We would like to reiterate if you are ever being stopped by a vehicle that you do NOT believe is a police vehicle, then drive to a safe and well lit area before you stop. The Officers of the Porter County Sheriff’s Office are dedicated to protect and serve our citizens."

This is amazing, this is exactly what she got arrested for doing.

Methinks she was placed under arrest for the fleeing charges by the officer for being sassy to his disliking and not that he really felt that she was fleeing. Good call Prosecuter.

 

[Fargo]

Methinks she was placed under arrest for the fleeing charges by the officer for being sassy to his disliking and not that he really felt that she was fleeing. Good call Prosecuter.

I wonder if there will be a federal 1983 action? The facts on this one are ugly enough that if it survived summary disposition, the county would almost have to settle it. I don't know that it would survive summary disposition based upon qualified immunity, but ugly facts make ugly law and this case is not pretty.

 

[mrjarrell]

Bet nothing happens to the arresting officer beside some serious attaboys.

 

[dsol]

So will she get compensated for legal fees and lost wages because of an unjust arrest? As much as I dislike the idea of lawsuits, she needs to find a lawyer to take the case and sue the crap out of them. This kind of thing, arrest the woman because the cop dislikes her attitude instead of something actually done wrong, hitting her with a threat of a felony charge, making her lawyer up instead of just a ticket... absolute bull**** and abuse of power.

 

[Fargo]

So will she get compensated for legal fees and lost wages because of an unjust arrest? As much as I dislike the idea of lawsuits, she needs to find a lawyer to take the case and sue the crap out of them. This kind of thing, arrest the woman because the cop dislikes her attitude instead of something actually done wrong, hitting her with a threat of a felony charge, making her lawyer up instead of just a ticket... absolute bull**** and abuse of power.

No, basically not unless she can show that the arrest was clearly illegal under the law at the time. There is an older case IIRC by the name of Woodward v. State that stands for the proposition that a person being pulled over cannot choose when to stop. It was based upon a guy who drove about a mile to his home while the officer was trying to stop him. His stated reason for doing so was because "he hadn't done anything to get pulled over". This was held sufficient to sustain a resisting conviction.

The current case is different, but close enough that it is going to be hard to argue that it was clear there was no probable cause for the arrest. That is why I would bet qualified immunity will prevent a successful suit. That said, this case does have ugly facts and the courts have been cracking down on the cops on bs resists, so it could go the other way if she sues.

Had she been successfully prosecuted, I would bet that Woodward would have been reversed based upon what happened here and her conviction vacated.

 

[drillsgt]

Bet nothing happens to the arresting officer beside some serious attaboys.

Probably not far from the truth. I bet there were more than a few, "I bet she won't talk back again..." comments thrown around.

 

[BehindBlueI's]

My thought is: If I was a police officer aware of the kind of bad stuff that happens to police officers during routine traffic stops: in this situation I would have waited until she reached a well lit area before I "Lit her up"

That's why I've got (or had) lots of lights on my car. Everywhere I stop becomes a well lit area where I want it to be well lit. Modern LED lightbars and spotlights do wonders.

 

[D-Ric902]

Did she start a gofundme page?

 

[Prometheus]

Glad to hear the prosecutor figured it out. Interesting to see the sidestepping by the Porter Co sheriff from "we fully support the officers decision" to

The Porter County Sheriff's Office on Monday issued a statement supporting the decision of the prosecutor's office.
"After a review of the circumstances surrounding Ms. Good’s arrest, the Porter County Sheriff’s Office supports Porter County Prosecutor Gensel’s decision to drop the charges," according the the written statement.
"We would like to reiterate if you are ever being stopped by a vehicle that you do NOT believe is a police vehicle, then drive to a safe and well-lit area before you stop. The Officers of the Porter County Sheriff’s Office are dedicated to protect and serve our citizens."

Serious WTF is up with this double speak? A few days ago they we're saying the deputy was correct and now they are saying completely the opposite with that complete statement.

Porter county needs a new Sheriff to get that department in line.

I agree that deputy needs to censured over this incident, retrained and a few unpaid days off. This sort of thing should never happen in Indiana.

 

[7urtle]

fully marked or not. i dont stop unless in well lit areas.