Attorney Michael A. Campbell Files to Have Case Reviewed by United States Supreme Court

Criminal Defense Attorney Michael A. Campbell of Campbell Law, P.C. has recently filed a Petition for Writ of Certiorari requesting the United States Supreme Court review a ruling by the Indiana Supreme Court which held that an officer had reasonable suspicion to stop and detain Attorney Campbell’s client for alleged speeding. As a result of the stop, Attorney Campbell’s client was subsequently charged with Operating While Intoxicated (OWI) and related offenses.

This case found its way to the United States Supreme Court after several twists and turns through the courts below. Initially, the trial court denied Attorney Campbell’s Motion to Suppress Evidence Obtained from Unlawful Traffic Stop after conducting a Suppression Hearing in which the arresting officer testified. In essence, the Officer claimed he had a 10/10 familiarity with the roadway where he stopped Attorney Campbell’s client and that he patrols the area often. Despite claiming such familiarity with the roadway, when previously asked in a deposition by Attorney Campbell what the speed limit was he stated he did not know and that he thought it was 40 mph. At the Suppression Hearing the officer stated that the speed limit was 50 mph and he knew that was the speed limit because he went back to visit the roadway prior to the hearing. All the while, the officer claimed that he knew the speed limit at the time of the stop. Moreover, the officer claimed he used a radar but could not provide an actual vehicle speed or even an estimate as to speed, simply that he was positive Attorney Campbell’s client was going over the posted speed limit.

The trial court judge found the officer to be credible and issued an order denying the Motion to Suppress filed by Attorney Campbell on behalf of his client. Attorney Campbell filed for an interlocutory appeal (an appeal in the middle of the case) on the basis that the officer lacked reasonable suspicion to pull his client over for speeding and that the traffic stop violated his clients rights under the Fourth Amendment to the United States Constitution as well as Article I, Section 11 of the Indiana Constitution.

The Indiana Court of Appeals issued a ruling in favor of Attorney Campbell’s client and which reversed the ruling of the trial court judge. In doing so, the Indiana Court of Appeals noted that the facts of this case presented an issue of first impression in Indiana, meaning there has never been a case like this one before. After the ruling by the Indiana Court of Appeals, the State of Indiana filed a Petition to have the case transferred to the Supreme Court of Indiana. The Supreme Court of Indiana accepted the case and issued an order reversing the ruling by the Indiana Court of Appeals and affirming the ruling of the trial court judge.

On May 23, 2019, Attorney Campbell filed a Petition for Writ of Certiorari to the United States Supreme Court requesting review of the order and opinion issued by the Supreme Court of Indiana. The United States Supreme Court is expected to make a decision sometime in the Fall of 2019. Campbell Law, P.C. will update this post once a decision has been made.