Louis Bell v. State of Indiana

I agree with the majority that Officer Gough’s initial stop of Bell was appropriate because he observed Bell committing a traffic infraction. However, I disagree with the majority that Bell’s constitutional rights were not violated by the pat-down search that followed. Therefore, I respectfully dissent. •

As the majority states, Officer Gough observed Bell committing a traffic infraction, giving him at least reasonable suspicion for the initial stop of Bell. See op. at ¶ 11. But it.is important to note here that an infraction is not a crime. See, e.g., Smith v. State, 38 N.E.3d 218, 223 (Ind.…