The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted Apr 03 2014, 12:32 AM Category: Tyranny/Police State Source: TheNewspaper Print

Indiana: Officer Testimony Overrules Video Evidence

Indiana Supreme Court rules that appellate judges may not overrule a trial judge by watching video evidence of a traffic stop.

Videotape evidence can be overruled by the testimony and after-the-fact interpretation of a police officer, the Indiana Supreme Court ruled last week. In a 6 to 1 decision, justices overruled the state Court of Appeals which reviewed dashcam footage of Joanna S. Robinson driving her Chrysler PT Cruiser at around 1am on October 15, 2011 in Elkhart County and found no evidence of a crime.

Sheriff's Deputy Casey Claeys followed Robinson on County Road 4, and he testified that he saw her "drive off the right side, which was the south side of the road, twice." He conducted a traffic stop which led to her being busted for driving under the influence of alcohol (DUI) after her breathalyzer reading was 0.01 over the legal limit. She also was carrying a small amount of marijuana. The justices, however, only concerned themselves with whether the initial traffic stop was justified. Elkhart Superior Court Judge Charles Carter Wicks concluded that the stop was justified when the case came to trial.

"I reviewed the video on approximately ten occasions and cannot conclude from the video that the defendant's vehicle actually left the roadway," Judge Wicks found. "But it does show the vehicle veering on two occasions onto the white fog line."

The trial judge found the deputy's experience was more accurate than the videotape, but the appeals court reversed, saying the video showed what appeared to be no more than a driver momentarily distracted. The state Supreme Court concluded the trial judge had it right the first time.

"Deputy Claeys, as he drove down County Road 4 on that October night, was observing Robinson's vehicle through the lens of his experience and expertise," Justice Mark S. Massa wrote for the majority. "And when Deputy Claeys testified at the suppression hearing, the trial judge heard his testimony -- along with the other witness testimony and evidence, including the video -- through the lens of his experience and expertise. Ultimately, that experience and expertise led the trial judge to weigh Deputy Claeys's testimony more heavily than the video evidence, and we decline Robinson's invitation to substitute our own judgment for that of the trial court and rebalance the scales in her favor."

In Indiana v. Keck, a companion case decided on the same day, the high court admonished appellate courts not to reweigh evidence that has already been evaluated at trial.

"Our trial judges are able to see and hear the witnesses and other evidence first-hand," the justices unanimously held. "But the appellate bench, in a far corner of the upper deck, doesn't provide such a clear view. Remote from the hearing in time and frequently in distance, we review a cold paper record. Thus, unless that record leads us to conclude the trial judge made a clear error in his findings of fact, we will apply the law de novo to the facts as the trial court found them."

A copy of the decision is available in a 140k PDF file at the source link below.

Source: Robinson v. Indiana (Indiana Supreme Court, 3/25/2014)

Latest Tyranny/Police State
- 16-Yr-Old & His Mom Tazed & Arrested After Boy's Waving at Cop Deemed 'Suspicious'
- Chief Defends 'Good Cop' Who Pepper-Sprayed Man For No Reason as He Walked Down The Street
- Scamming Cop Busted Mailing Traffic Tickets to Innocent People
- Man Arrested On Felony Drug Charge as Revenge For Lawsuit
- Pennsylvania Court Makes Dashcam Videos Public Record
- Cop Charged in 36 Counts of Rape Wants Taxpayers to Pay Defense
- School Cop Tells 16-Yr-Old Student He "Ruined His Life" By Smoking Pot Before Homecoming Dance, Student Commits Suicide
- Cops Dodge Warrant Requirement by Grabbing Two Weeks of Data, But Entering Only 6 Hours of It as Evidence

Comments 1 - 2 of 2 Add Comment Page 1 of 1

Posted: Apr 03 2014, 12:09 PM

98222 all corruption must be eliminated... by force if necessary... -IN resident

Posted: Apr 06 2014, 9:36 AM

9624 These judges should be impeached, and have their eyes examined.

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

The Mystery of ISIS' Toyota Army Solved - 10/0916-Yr-Old & His Mom Tazed & Arrested After Boy's Waving at Cop Deemed 'Suspicious' - 10/09Julian Assange: 'Snowden, I and Kim Dotcom All Assigned Same Prosecutor in Virginia' - 10/09Chief Defends 'Good Cop' Who Pepper-Sprayed Man For No Reason as He Walked Down The Street - 10/09Scamming Cop Busted Mailing Traffic Tickets to Innocent People - 10/09Man Arrested On Felony Drug Charge as Revenge For Lawsuit - 10/08US Defense Secretary Predicts Terror Attacks On Russia - 10/09Once More: The TPP Agreement Is Not a Free Trade Agreement, It's a Protectionist Anti-Free Trade Agreement - 10/09

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up