Reid Michael Huey v. State Indiana

Around 1:00 a.m. on November 6, 1984 Indianapolis police officers McGlinsey and Burge "received a radio run to [6201 North Keystone] which is a Shell Station on a small silver car following a yellow cab." Record at 40. Upon their arrival at the station, the officers observed a silver Toyota Corolla stopped, but with its motor running and its lights on, approximately fifteen (15) feet behind the yellow taxi. Huey was alone, sitting behind the wheel in the Toyota. The taxi contained two female fares in addition to the driver. When the officers arrived at the scene the taxi driver "was out of the vehicle -- without me asking any questions he stated, That mans following me." Record at 41. Officer McGlinsey instructed the taxi driver to proceed and walked over by the open window on the drivers side of the Toyota. There he asked Huey why he was following the cab to which Huey responded, "On orders from the treasury department." Record at 91. Officer McGlinsey then asked Huey for some identification. Huey said he "didnt have any." (Record at 91), and Officer McGlinsey smelled an odor of intoxicating beverage on Hueys breath and observed Hueys eyes were glassy. Officer McGlinsey then asked Huey to step from the vehicle. In doing so, Huey stumbled and nearly fell. McGlinsey then patted Huey for weapons. Finding none, McGlinsey "examined" the Toyota. He found a wallet underneath the drivers seat containing Mr. Hueys operators license and other personal papers. At that time Officer McGlinsey advised Huey he "had reason to believe that he was operating a vehicle while intoxicated and asked him to perform some field sobriety tests." (Record at 93). When, in the officers opinion, Huey failed the field sobriety tests, the officer offered and Huey agreed to take a chemical breath test. Huey registered .22% blood/alcohol content.