BALDWIN v. REAGAN

No. 32S00-9812-CV-767.

715 N.E.2d 332 (1999)

Patricia BALDWIN, Prosecuting Attorney of Hendricks County, Roy Waddell, Sheriff of Hendricks County, Appellants (Defendants below), v. Rebecca REAGAN, James Lewis, Brent Steele, John M. Waterman, R. Michael Young, Gary Hofmeister, Indianapolis Urban League, Inc., Benjamin Saxon, Mason Grove, Daniel Gilmore, Leon G. Coward, William L. Tolbert, Carmel Motorists Association, James Phend, Mary C. Barton, Larry Vaughn and Vern Kasper, Appellees (Plaintiffs below).

Supreme Court of Indiana.

July 6, 1999.


Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, for appellant.

Melina Maniatis Kennedy, Kelly M. Lamm, Johnson Smith Pence Wright & Heath, Indianapolis, for Amicus Curiae Indiana Safety Belt Coalition.

John Price, John R. Price and Associates, Indianapolis; Bruce A. Stuard, Indianapolis, for appellee.


SULLIVAN, Justice.

The plaintiffs contend that the Indiana Seatbelt Enforcement Act authorizes the police to stop motorists in violation of their state constitutional rights against unreasonable searches and seizures. We agree that the police may not enforce the seat belt law in violation of these constitutional rights. In this opinion, we hold that an Indiana police officer may not stop a motorist to enforce the seat belt...

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