State of Indiana v. Darrell L. Keck
2014 Ind. LEXIS 252
| Ind. | 2014Background
- Nighttime traffic stop of Darrell Keck on Feb. 25, 2012 after Deputy Smith followed Keck’s car from US‑36 onto County Road 100 East and observed it travel "down the middle of the roadway."
- Deputy Smith cited driving left of center as the basis for the stop; during the stop he smelled alcohol, saw an open beer case, and Keck admitted drinking.
- Keck failed field sobriety tests; breath tests recorded .14 (roadside) and .11 (at jail). He was charged with OWI and BAC ≥ .08.
- At the suppression hearing Keck and passenger testified road had many potholes/loose gravel and Keck drove left of center to avoid hazards; Deputy Smith acknowledged poor road conditions and did not believe earlier slowing or stopping were violations.
- Trial court took judicial notice of poor county road conditions and granted the motion to suppress, concluding compliance with driving-on-right statute was not possible; State appealed and the Indiana Supreme Court affirmed suppression.
Issues
| Issue | Plaintiff (State) Argument | Defendant (Keck) Argument | Held |
|---|---|---|---|
| Whether Deputy Smith had reasonable suspicion to stop Keck for driving left of center | Left-of-center driving violated Ind. Code § 9‑21‑8‑2(a); officer reasonably stopped car | Roadway conditions made driving left‑of‑center necessary or compliance impossible under § 9‑21‑8‑2(b) | Stop lacked reasonable suspicion; suppression affirmed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes investigatory stop/reasonable suspicion standard)
- United States v. Sokolow, 490 U.S. 1 (1989) (totality-of-circumstances for reasonable suspicion)
- Sellmer v. State, 842 N.E.2d 358 (Ind. 2006) (review of reasonable suspicion de novo; use totality of circumstances)
- Quirk v. State, 842 N.E.2d 334 (Ind. 2006) (traffic violation supplies probable cause and reasonable suspicion)
- Combs v. State, 878 N.E.2d 1285 (Ind. Ct. App. 2008) (upholds stop where record supported driving left of center violation)
- State v. Rhodes, 950 N.E.2d 1261 (Ind. Ct. App. 2011) (stop improper where statutory compliance was impossible under circumstances)