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Published by the Indiana Office of Court Services

Robinson v. State, No. 20A04-1209-CR-561, __ N.E.2d __ (Ind. Ct. App., Apr. 23, 2013).

April 25, 2013 Filed Under: Criminal Tagged With: Appeals, T. Crone

Crone, J.
A sheriff’s deputy observed Joanna S. Robinson briefly drive onto the fog line twice. The deputy decided to stop Robinson for “unsafe lane movement.” Tr. at 24. Based on evidence obtained from this stop, Robinson was convicted of operating while intoxicated and possession of marijuana. On appeal, Robinson challenges the admission of the evidence obtained from the stop, which she had sought unsuccessfully to exclude from trial on the basis that the traffic stop was not supported by reasonable suspicion. The State argues that the deputy had reasonable suspicion that she was impaired. We conclude that Robinson’s brief contact with the fog line – at night on a road with some curves – was not sufficient to establish reasonable suspicion that Robinson was impaired. Therefore, the evidence obtained from the stop should not have been admitted, and Robinson’s convictions must be reversed.
ROBB, C.J. and FRIEDLANDER, J., concur.

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