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Anthony Logan v. State of Indiana
State: Indiana
Court: Court of Appeals
Docket No: 49A05-0606-CR-340
Case Date: 02/06/2007
Preview:Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: CHRIS P. FRAZIER Marion County Public Defender Agency Indianapolis, Indiana

ATTORNEYS FOR APPELLEE: STEVE CARTER Attorney General of Indiana MATTHEW D. FISHER Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA
ANTHONY LOGAN, Appellant-Defendant, vs. STATE OF INDIANA, Appellee-Plaintiff. ) ) ) ) ) ) ) ) )

No. 49A05-0606-CR-340

APPEAL FROM THE MARION SUPERIOR COURT The Honorable Jeffrey Marchal, Commissioner Cause No. 49G06-0602-FC-027095

February 6, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION VAIDIK, Judge

Case Summary Anthony Logan appeals following his conviction for Operating a Vehicle After License Forfeited for Life. He argues that the trial court erred in admitting evidence acquired following a traffic stop, contending that the police officer did not have probable cause to conduct the stop. Finding that the officer did have probable cause to stop Logan, we affirm Logan's conviction. Facts and Procedural History The relevant facts are undisputed. On February 13, 2006, Logan was driving a green Ford Ranger pickup in Indianapolis. Indianapolis Police Department officer

Timothy Huddleston ("Officer Huddleston") saw Logan make a wide right turn to head south on Keystone Avenue. Where Officer Huddleston encountered Logan, Keystone Avenue is a five-lane road with two southbound lanes, two northbound lanes, and a middle dual turn lane. After his wide right turn, Logan moved to the outside,

westernmost southbound lane. As he continued south, Logan twice "abrupt[ly]" shifted out of the outside lane and into the inside lane before shifting back into the outside lane. Tr. p. 5. Officer Huddleston described Logan's movements as "crossing the dotted white line and back twice in a jerking motion, swerving motion." Id. at 80-81. The driver's side wheels of Logan's vehicle both fully crossed the dotted white line during both lane shifts, and Logan did not give turn signals for either lane shift. Officer Huddleston conducted a traffic stop and determined that Logan's driver's license had been suspended for life. Officer Huddleston issued Logan a ticket for unsafe lane movement under Indiana Code
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