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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. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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