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COA rules police officer's questions not unconstitutional

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The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.

In Chad M. McLain v. State of Indiana, No. 20A05-1109-CR-480, Elkhart County Police Officer Randy Valderrama pulled over Chad McLain when McLain failed to adequately signal before making a turn. Valderrama approached McLain’s car, requested his license and registration, and as he walked back to his patrol car he noticed McLain appear to tense up and look at the center console. Upon running a check on his license, Valderrama saw McLain had two prior “incidences” for possession of marijuana.

Valderrama issued a written warning and told McLain he was free to go. Valderrama then asked McLain if he had anything illegal in his vehicle, saying he was curious because of McLain’s two prior incidences. He asked if he could search the car, and McLain gave him permission. As the two walked toward McLain’s car, McLain admitted he had a marijuana pipe on the seat and a bag of marijuana in the dash console. Valderrama handcuffed McLain and put him in the back of the patrol car and requested assistance from a canine officer.

The canine officer’s dog alerted police to the presence of marijuana, and McLain was placed under arrest.

On appeal, McLain claimed the search of his car was a violation of his state and federal constitutional guarantees against unreasonable search and seizure.

“McLain’s argument is based on the faulty premise that the Fourth Amendment was implicated after Officer Valderrama gave him his license, registration, and the warning citation and told him that he was free to leave.” Judge Terry Crone wrote in the COA opinion. “At that point, McLain was in fact free to leave, and he was not required to answer the officer’s questions.”

Concluding McLain clearly and voluntarily consented to the search, the appellate court affirmed the trial court’s decision to admit evidence obtained in the search of McLain’s car.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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