Lark v. State

SULLIVAN, Judge,

concurring in result.

The facts, as stated in the lead opinion by Judge Friedlander, are those most favorable to the convictions. Such is not inappropriate given our standard of review with regard to a denial of a motion to suppress. Goodner v. State, 714 N.E.2d 638 (Ind.1999). Certain facts, however, not stated here, would permit a reasonable conclusion that the traffic stop was pretex-tual in nature.

It is uncontroverted that Lark's vehicle was stopped in the traveled portion of the street in order to allow William Davis, his passenger, to exit the vehicle. Lark was transporting Davis so that the latter could pick up his truck which had been parked on the street. It was necessary for the vehicle to briefly stop in the street because bumper-to-bumper parking was being temporarily permitted on both sides of the relatively narrow street during the Black Expo celebration. Ordinarily parking was permitted only on one side of the street. The location was in close proximity to a bar in front of which there were numerous persons congregated. Traffic could pass in opposite directions but only if each vehicle moved as far to the right as possible near parked vehicles. Lark's vehicle was stopped only momentarily for approximately fifteen seconds. When the police car pulled behind Lark's vehicle it was blocking an oncoming car. The police decision to make a stop and issue a warning to Lark was delayed until Lark's car was away from the congested area in front of the bar. During this entire incident up until the traffic stop itself, there was nothing sinister or suspicious in the movements and activities of Davis or Lark other than the momentary blockage of traffic.

Be that as it may, Lark's vehicle was indeed blocking traffic even if but for a moment. The fact that the officers waited *1157and followed Lark for four blocks before making the stop does not eliminate the fact that the Class B misdemeanor had already taken place. Accordingly, the traffic stop was not unconstitutional, even though the officers stated that they only intended to issue a warning rather than a traffic citation for the violation. That a traffic citation could have been issued is sufficient to defeat Lark's constitutional argument.

For the reasons stated, I concur in affirming the convictions.