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Judges: Officers lacked reasonable suspicion to stop and detain man

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Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.

Robert Segar believed the trial court abused its discretion by admitting marijuana into evidence that police found on him after an investigatory stop and detention. Police were responding to an anonymous tip that a burglary was in progress and the suspect was a white male in a dark coat or dark shirt. Officer Carl Grigsby saw Segar walking in the middle of the street near where the alleged robbery was happening and stopped him because he fit the description given by the caller.

Segar was cooperative, but placed in handcuffs. Police found out he was wanted for questioning about some burglaries, but he had no active warrants. Another officer conducted a pat-down search before placing him in the police car to take him to the station for questioning on those other robberies. That’s when police found a baggie that was later determined to contain marijuana.

Segar was charged and convicted of Class A misdemeanor possession of marijuana over his objections to the admission of the drugs.

After finding that Segar did in fact make a timely objection to the admission of the marijuana, the Court of Appeals concluded in Robert Segar v. State of Indiana, No. 49A02-1003-CR-269, that the drug shouldn’t have been admitted into evidence. Police were responding to an anonymous tip and were unable to get any more information from the tipster beyond that there was a burglary in progress and the alleged burglar was white and wearing a dark top. The tipster hung up before giving a name.

The officers had little information on which to base a particularized suspicion of Segar, wrote Judge Margret Robb, and there was no way to test the reliability of the information provided by the tipster.

“If the tipster’s assertion of a burglary in progress had been corroborated, there would have been some reason to believe the tipster had inside knowledge potentially linking Segar to the illegality. However, there is nothing in the record to indicate whether a burglary actually happened at 3179 Normandy, let alone whether police verified the report before stopping Segar,” she wrote.

Segar’s actions before and during the stop weren’t suspicious. In addition, the reasonableness of official suspicion must be measured by what officers knew before, not after, conducting an investigatory stop. There was no indication that officers made a connection before Segar was stopped between the present reported burglary and whatever facts warranted his questioning regarding the previous burglaries, wrote Judge Robb.

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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