ILNews

In first impression ruling, COA reverses trial court on illegal search

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.

In Justin M. Corwin v. State of Indiana, No. 79A04-1005-CR-296, Justin Corwin appealed his arrest for Class C felony possession of a controlled substance, claiming that police officer Kevin Flynn conducted an illegal search.

Flynn was looking for Kyle Balser, who had an active arrest warrant, on June 25, 2009. In the apartment complex where he believed Balser to be, he saw Corwin from a distance of 50 yards and believed he might be Balser.

Flynn observed Corwin acting suspiciously, and eventually climbing into the back seat of a van. The officer approached the van, and Corwin ignored repeated requests to give his name or exit the van, placing his hands in his pockets. He eventually got out, and Flynn did a pat-down search for weapons. He noticed Corwin’s clothes smelled of burnt marijuana, and he found a folding knife and a wallet during the search. The identification in the wallet indicated the man was not Balser.

When Flynn felt a circular object in Corwin’s pants pocket, he asked what it was, but Corwin didn’t respond. Flynn removed the bottle, opened it and found generic Xanax pills, for which Corwin did not have a prescription. He then arrested Corwin.

A police officer may briefly detain a person for investigatory purposes without a warrant if, based on specific and articulable facts, the officer has reasonable suspicion that criminal activity “may be afoot.” Terry v. Ohio, 392 U.S. 1, 30 (1968). But in this case, the COA held that no evidence existed to suggest Flynn knew or suspected Corwin had a history of drug crimes.

The state argued that the pill bottle’s illicit nature was immediately apparent, as the prescription label had been altered, but the trial court records do not indicate whether Flynn noticed that before or after he opened the bottle.   

The COA held that when the officer opened the pill bottle to determine the contents, he ran afoul of the limits of a Terry stop, and therefore the pills found in the bottle, and all evidence of their discovery, should have been suppressed. Accordingly, the COA reversed the trial court.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT