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Court finds police lacked reasonable suspicion for stop and search

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Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.

In Michael Woodson v. State of Indiana, No. 49A05-1106-CR-306, the appellate court found that a “hot zone” of drug activity doesn’t alone justify stopping and questioning someone who might be acting suspiciously.

The officer was patrolling an area in Indianapolis in February 2011 when he saw a bicycle parked next to a maroon vehicle in the fast food and gas station parking lot. A man later identified as Michael Woodson existed the car, put on a backpack and began riding in the parking lot. The car left and another police patrol vehicle pulled the car over, while the original patrolling officer approached Woodson and asked him what he was doing. The officer testified that Woodson became loud and belligerent, so the officer immediately handcuffed him for safety reasons and then asked to search the backpack. Woodson consented. Inside, the officer found 34 DVDs marked with titles of movies that he recognized as still being in the theater and not yet on sale. Woodson was arrested and charged with two counts of fraud, and at a Marion County bench trial he was found guilty on both and sentenced to a partially suspended two-year sentence.

On appeal, Woodson argued the trial court had erred by denying his motion to suppress the evidence because the search and seizure wasn’t based on reasonable suspicion as required by the Indiana and U.S. constitutions. The appellate court agreed, finding that the officer didn’t have the necessary reasonable suspicion to conduct the stop and that the initial interaction wasn’t consensual. The court found that because Woodson observed the maroon car being pulled over by another police vehicle and he was immediately handcuffed and not free to leave, his consent to search the backpack wasn’t adequate.

Only the fact that the area of Indianapolis in which Woodson was arrested was considered to be a ‘hot zone’ gave Officer (Christopher) Cooper any kind of suspicion that drug-related or other illegal activity might be afoot,” Judge Mark Bailey wrote for the unanimous three-judge panel. “This is not enough to amount to reasonable suspicion, and we therefore cannot conclude under the totality of the circumstances that Officer Cooper’s Terry stop was appropriate under the Fourth Amendment.”

The court reversed Woodson’s convictions, finding that admitting the DVDs into evidence was clearly prejudicial and led to testimony that otherwise would have left the state with otherwise insufficient evidence for a conviction.

 

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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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