ILNews

Choke hold violated man's rights, justices rule

Michael W. Hoskins
January 1, 2007
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Police violated a man's constitutional protection rights when officers grabbed him by the throat and squeezed to stop him from swallowing a plastic baggie of cocaine, the Indiana Supreme Court has ruled.

Justices issued a unanimous opinion Thursday in John Grier v. State of Indiana, No. 49S05-0702-CR-68. The Marion Superior case involved a traffic stop in August 2005, when officers stopped Grier for having an expired license plate. He was gagging after being ordered out of the car, and when he opened his mouth on command, officers noticed a clear plastic bag inside.

He refused to spit it out, so an officer grabbed his throat and applied enough pressure to stop it from being swallowed. After about 20 seconds, Grier spit it out onto the sidewalk and was subsequently charged with possession of cocaine.

Claiming his privacy rights had been violated, Grier moved to suppress the bag and its contents as evidence. The trial court denied the request, but certified the question for the appellate courts. The Court of Appeals upheld the trial court's ruling in October, holding that the officer's actions "did not rise to the level of abuse or torture contemplated by the prohibition of 'unnecessary rigor' in our constitution."

However, justices disagreed in Thursday's ruling, relying on Conwell v. State, 714 N.E.2d 764 (Ind. Ct. App. 1999) that held a police choke hold in a similar situation "invaded the person's bodily integrity, posed great health and safety risks, and was likely to incite violent resistance."

Author Justice Brent Dickson wrote, "The court held that preservation of evidence did not justify 'the use of such violent and dangerous means.' The application of force to a detainee's throat to prevent swallowing of suspected contraband violates the constitutional prohibitions against unreasonable search and seizure."

The court reverses the denial of Grier's motion to suppress and remands the case to the trial court for further proceedings.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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