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COA affirms trial court in finding drug evidence was admissible

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The Indiana Court of Appeals has held that a trial court did not err in admitting evidence obtained from a search of a purse and hotel room.

In Canon Harper v. State of Indiana, No. 10A01-1012-CR-687, Canon Harper was charged with dealing in cocaine, possession of cocaine, dealing in a narcotic drug, and possession of a narcotic drug, all Class A felonies; two counts of resisting law enforcement, battery of a law enforcement officer, and possession of paraphernalia, all Class A misdemeanors; and maintaining a common nuisance, a Class D felony.

In 2008, police noticed that the car Harper was driving had no working license plate light. The officers observed the car pull into a motel parking lot and park. Passenger Adrian Porch got out, carrying a purse toward a hotel room. Before he could enter the room, a woman inside slammed the door shut.

The police officers asked Harper and Porch to whom the purse belonged, and Harper said an ex-girlfriend left it in his car. When asked, both men consented to a search of the purse, which contained 48 grams of cocaine, 30 grams of heroin, scales, razor blades and aluminum foil. One officer placed Porch under arrest, and the other officer attempted to arrest Harper, who resisted and caused the officer to hit his head against the building.

Other officers arrived, and as they discussed the matter with the hotel manager, the manager said Harper had rented the hotel room that Porch had earlier approached. The manager evicted the room’s occupants and gave police permission to search it, whereupon police found about three grams of heroin and a coffee grinder, blender, razor blade and flour sifter.

The appellate court wrote that while Harper did not physically possess any of the contraband, an accused may be convicted of possession charges based upon constructive possession.

Harper’s possessory interest in the vehicle is sufficient to establish his constructive possession of the purse, the COA held.

With respect to contraband discovered in the motel, Harper contends the possessory interest rule does not apply to possession of a premises where the possession is non-exclusive, citing Pier v. State, 400 N.E.2d 209 (Ind. Ct. App. 1980) for support.

But the COA wrote that Harper’s case is unlike Pier, where the evidence established the defendant had been absent from his premises for 48 hours prior to when contraband was found. Harper had checked into the motel room on Nov. 11, 2008, and the evidence was found later that day.

The COA affirmed the trial court in all regards.



 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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