Armfield v. State, 29S02-0811-CR-590
12-18-09, Ind.
Attorney: Taffanee Keys
Holding: Trial court properly denied the Defendant’s motion to suppress. Resolving a split in the appellate courts, Court held that an officer has reasonable suspicion to initiate a Terry stop when: (1) the officer knows that the registered owner of a vehicle has a suspended license and (2) the officer is unaware of any evidence or circumstances which indicate that the owner is not the driver of the vehicle. This rule does not require officers to match the physical description of the registered owner from the license plate check to the driver of the vehicle before initiating a Terry stop. To the extent that prior opinions of the Court of Appeals are inconsistent, such as Holly v. State, 888 N.E.2d 338, aff’d on other grounds, and Wilkinson v. State, 743 N.E.2d 1267, the Court disapproves of them.
Here, an officer ran a license plate check on Defendant’s vehicle while driving behind him at 12:30 a.m. The check revealed that the owner of the vehicle had a lifetime license suspension. It also revealed the name, address and physical description of the owner. The officer stopped the vehicle. When he approached the driver, he asked if he was Thomas, to which Defendant responded affirmatively. Defendant again identified himself as Thomas Armfield and gave his birth date. The officer had reasonable suspicion to stop the car, and acted properly when he approached the vehicle and verified the name of the driver matched that of the registered owner. Held, transfer granted, judgment affirmed.
