Update to Risner's Case: ProSe Victory...To be Continued....

Overview:
State of Indiana v. Rebecca Risner
FINAL ORDER ON DEFENDANT’S MOTION TO SUPPRESS AND DISMISS
is a court ruling on a motion to suppress evidence and dismiss charges against Rebecca Risner.
Facts
• Officer McKee observed a vehicle with high beams on and failing to maintain its lane.
• The stop occurred in a rural area near Bass Lake Fire Station 2.
• Dash cam footage showed no clear lane markings, and no evidence of intoxication was found.
• Defendant argued with the officer about the legality of the stop and search.
• A K9 unit alerted to the vehicle, leading to a search that found a handgun box.
Stop
• The court found the traffic stop justified due to the failure to dim high beams.
• Reasonable suspicion allows for investigatory stops based on observed traffic violations.
• The officer's decision to stop the vehicle was valid under Indiana law.
Search
• The K9 sniff was deemed not a search under the Fourth Amendment.
• The traffic stop was not unreasonably prolonged; delays were due to the defendant's actions.
• The court ruled that the time taken for the K9 sniff did not violate legal standards.
Motion to Dismiss
• The court agreed that the charges against the defendant penalized protected speech under the First Amendment.
• The defendant's speech was political, directed at the officers' conduct.
• The state failed to demonstrate that the defendant's speech posed a threat to public safety.
• The court found the disorderly conduct statute unconstitutional as applied to the defendant's case.