Indiana Woman Arrested For Exercising Caution

[mrjarrell]

I have actually heard any number of police departments say it was acceptable to do what this woman did. Now a power tripping cop in Porter County is trying to ruin this woman's life by charging her way above and beyond a traffic citation. I hope she requests a jury trial, if the fools in Portage don't drop the charges. Here's a cop who needs to re-examine his priorities and probably get a new job.

Woman said safety was reason she didn't pull over for police

 

[shibumiseeker]

The ticket I got in Louisville for 10 over when I wasn't speeding -at all verified by GPS- was in a 2 lane construction zone in heavy traffic with concrete barriers on both sides with NO shoulder and it was 3 miles until the next exit. I did almost exactly what that woman did, put on the flashers, slowed down a little and took the first exit and pulled over in the first location it was safe to do so. The officer there was also pretty rude about it. I refrained from asking him if he'd have preferred I stop where either of us could be killed by traffic but I was tempted.

I have never mouthed off in any way shape or form to a LEO pulling me over, and I have always been calm and professional and cooperative. Most of the time they were the same, but a couple could have used a refresher course on not escalating situations.

IF the story is as presented and we are not seeing some underlying issues not reported, then that officer needs some serious training on how to deal with the public and if he can't be professional he needs to be yanked from the street.

 

[Kutnupe14]

Wouldn't have arrested her, but she should have pulled over. I never seen, nor even heard of an impersonator using a fully marked car with activated lights AND sirens, pulling over someone. If she's so worried about her safety, she should probably stay within the speed limit, and not travel almost 20mph, above it.

 

[T.Lex]

At least his lights came on.

 

[D-Ric902]

Just a question

if she had dialed 911 and asked if she was being pulled over to verify the officer. Would he have arrested her?

as far as the fully marked car, how do you know from the rear view mirror if the car is marked at night. All you see are the lights.

 

[HoughMade]

I used to live a couple miles from there and know exactly where they are talking about ( I lived 2 houses off of CR 700 N). There are plenty of places to pull over safely other than the Kohl's parking lot. I also sense that her "I told him to stop yelling at me" may not account for the entire exchange.

That being said, it is very possible that this was an overreaction.

 

[Kutnupe14]

At least his lights came on.

 

[HoughMade]

Oh, and because she was on 700 N, the Kohl's parking lot would be at least a mile, not under a mile....but that may be splitting hairs.

[Edit]

My bad, he initiated the stop just North of 700 N, so it was about exactly a mile, maybe a little under.....anyhoo,


I understand the officer's frustration. If we get to a point where "I'll pull over when I get around to it", things aren't going to go well.

 

[lonehoosier]

I guess she could of stop at one of the two houses on 500. That stretch of road has no shoulder and is really dark at night. Also it's 3/4 of a mile from 700 to Kolh's parking lot.

 

[Woobie]

They listed two separate incidents in the last few years of persons impersonating a police officer doing a traffic stop. Maybe her fears had some legitimacy. I'm sure she's not telling the whole story about what she said, but it sounds like officer Farva isn't exactly the model of a professional LEO either.

 

[Kirk Freeman]

I have actually heard any number of police departments say it was acceptable to do what this woman did.

Depends on what the jury thinks about a runner. Women runners get more leeway (elderly too).

Perfect case for a withhold prosecution.

 

[Bfish]

From the article:
"Assuming the car behind her was a police officer, Good said she slowed her vehicle, put on her emergency flashers, waved her arm out the window to acknowledge the pursing car and continued for less than a mile where she pulled over into the lighted parking lot at the Kohl's department store in Portage."

It sounds like she did everything alright and got in trouble when she mirrored an attitude back to the officer...

 

[Kutnupe14]

From the article:
"Assuming the car behind her was a police officer, Good said she slowed her vehicle, put on her emergency flashers, waved her arm out the window to acknowledge the pursing car and continued for less than a mile where she pulled over into the lighted parking lot at the Kohl's department store in Portage."

It sounds like she did everything alright and got in trouble when she mirrored an attitude back to the officer...

Sounds like one side of the story.

 

[BehindBlueI's]

People poo poo me when I say the IC code doesn't say "when you feel comfortable. " This is why I say that.

 

[Lebowski]

He referred to a case in 1991 where a woman pulled over in Valparaiso for a car with flashing red lights and was attacked by a man pretending to be a police officer.
Portage police issued a warning two years ago after someone using flashing red and blue lights, possibly impersonating a police officer, tried to get a woman to pull over

Doesn't seem like her actions were unwarranted to me, especially considering she seemed aware of past instances where impersonators existed as she claimed she didn't pull over immediately for her safety.

Hope she gets her speeding ticket as she deserves but I also hope the felony charges are dropped as well.

 

[HoughMade]

Sounds like one side of the story.

That's pretty much what the local papers run with.

 

[Bfish]

Sounds like one side of the story.

Correct, there were quotes from each in the article... But I am also assuming she had to have done something for it to get it taken that far.

 

[rambone]

Great job, officer. The public is safer with that nurse unemployed and in jail. Your ego is restored. Everyone who reads this will gain respect for your department.

 

[mrjarrell]

Correct, there were quotes from each in the article... But I am also assuming she had to have done something for it to get it taken that far.

She did. She didn't pull over immediately, like he wanted. She pulled over, after alerting him, in a location where she felt safer. Not like a cop or cop impersonator hasn't ever raped a woman before.

 

[Fargo]

People poo poo me when I say the IC code doesn't say "when you feel comfortable. " This is why I say that.

For an infraction of failure to yield yes, for resist with a vehicle you have to prove she was knowingly or intentionally trying to flee. I find in ironic that the sheriff's department spokesman cites the infraction while trying to defend an arrest for felony resist.

If the facts are being reported correctly, I'm haveing a hard time seeing proving beyond a reasonable doubt that she intended to flee.

The Indiana Supreme Court has drastically rolled back what it will sustain a resisting charge on in the last couple of years and that is precisely because fact patterns like this keep rearing their head. Probably a good 1/3 of the caselaw sustaining resist charges has been overturned in the past couple of years, particularly as regards force and the lawfulness of police behavior.

If the cops want the courts to give them good caselaw on resisting, they might reconsider arrests like this one...