Case Summary
Outcome: Citation Dismissed with Prejudice
Court: Indianapolis City Court, Marion County, Indiana
Judge: Hon. Sarah Johnson
Duration: 46 days from citation to dismissal
Total Cost: $125 (public records requests + filing fees + service costs)
In February 2026, Anderson received a traffic citation for allegedly running a red light at Interstate 465 and Keystone Avenue in Marion County. Rather than paying the $170 fine, Anderson investigated whether the issuing officer had met the constitutional prerequisites to office required by Indiana law.
Through public records requests, Anderson discovered that Officer Daniel White had never filed an oath of office with the Marion County Clerk despite serving as a law enforcement officer for several months. This discovery formed the basis for a motion to dismiss arguing that Officer Daniel White lacked lawful authority to issue citations, rendering the citation void ab initio (void from inception).
The Indianapolis City Court granted Anderson's motion to dismiss with prejudice, meaning the citation was permanently dismissed and could not be refiled. This case demonstrates the practical application of constitutional prerequisites to office challenges in Indiana and provides a roadmap for similar challenges throughout the state.
Key Success Factors
Anderson's strongest asset was the documentary evidence from the Marion County Clerk stating "No oath of office on file for Daniel White." This official statement from the government agency responsible for maintaining oath records was far more persuasive than testimony alone.
Anderson grounded the argument in Article 15, § 4 of the Indiana Constitution, not in commercial redemption theories or sovereign citizen rhetoric. This constitutional foundation gave the argument legitimacy and made it difficult for the prosecution to dismiss as frivolous.
Anderson cited Norton v. Shelby County, 118 U.S. 425 (1886), a U.S. Supreme Court case establishing that acts by officers without lawful authority are void ab initio. This precedent has been recognized by Indiana courts and provided strong legal support for dismissal.
Anderson presented the argument professionally and respectfully, without sovereign citizen rhetoric or confrontational language. This made it easier for the judge to rule favorably without appearing to endorse fringe legal theories.
Anderson acted quickly, submitting public records requests within 4 days of the citation and filing the motion within 3 weeks. This gave adequate time to obtain evidence and file before the original court date.
Cost-Benefit Analysis
| Scenario | Immediate Cost | Long-Term Cost | Total Cost |
|---|---|---|---|
| Pay the Fine | $170 | $875-$2,625 (insurance increases) | $1045-$2795 |
| Constitutional Challenge | $125 | $0 (if successful) | $125 |
Savings: $920 to $2670
By successfully challenging the citation, Anderson saved between $920 and $2670 compared to paying the fine and absorbing insurance increases over 3 years.
Replicability in Indiana
The legal framework Anderson used applies statewide in Indiana. Article 15, § 4 requires all officers in all counties to take oaths of office. The void ab initio doctrine applies in all Indiana courts. Therefore, this challenge can be replicated in any Indiana jurisdiction where the officer actually lacks proper credentials.
However, success probability varies by jurisdiction. Indianapolis City Court has a reputation for being receptive to constitutional arguments. Judges in rural counties or smaller municipal courts may be less familiar with void ab initio doctrine and more reluctant to dismiss citations on procedural grounds.
Despite jurisdictional variations, the fundamental legal principle remains sound: an officer without a valid oath lacks lawful authority, and acts without authority are void ab initio. This principle has been recognized by the U.S. Supreme Court and should be honored by all Indiana courts.
Critical Requirement
This challenge only works if the officer genuinely lacks proper credentials. Do not assume the officer lacks an oath—verify through public records requests. If the officer has a valid oath on file, this challenge will fail.