State of Indiana v. Darrell L. Keck

Summary

The Indiana Supreme Court affirmed the trial court’s suppression of evidence obtained after a traffic stop of Darrell L. Keck. The court held that, under the circumstances, driving left of center on a poorly maintained county road did not provide the deputy with reasonable suspicion to initiate the stop. The court also affirmed the judgment without reaching the state constitutional claim or the issue of probable cause for arrest.

Holdings

1. Under the facts found by the trial court, Keck's driving left of center did not provide reasonable suspicion to support an investigatory traffic stop because his conduct was either authorized by Indiana Code section 9-21-8-2(b) or excused by the poor road conditions.
2. The trial court did not clearly err in finding that Keck's conduct was permissible under subsection (b) of Indiana Code section 9-21-8-2 or that compliance with the statute was not possible because of the roadway conditions.
3. The Supreme Court did not need to address those arguments because the evidence independently supported the conclusion that the deputy lacked reasonable suspicion and the suppression order was correct on that basis.

Questions Presented

1. Whether Deputy Smith had reasonable suspicion to conduct an investigatory traffic stop based on Keck's driving left of center under the circumstances.
2. Whether the trial court clearly erred in finding that Keck's conduct was authorized by Indiana Code section 9-21-8-2(b) or that compliance with the roadway statute was not possible because of the road conditions.
3. Whether the trial court's suppression order should be affirmed on the reasonable-suspicion ground without reaching the judicial-notice issue, the state constitutional claim, or probable cause to arrest.

Disposition

affirmed