ILNews

Judges uphold drug convictions and sentence

Back to TopCommentsE-mailPrintBookmark and Share

A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.

A police officer initiated a traffic stop of Douglas Wilson Jr.’s car after the officer saw Wilson’s car parked in a handicapped spot without a proper plate or permit. After running the vehicle plate, the officer found that Wilson’s license was suspended and he had outstanding arrest warrants. While the officer was radioing about the traffic stop, Wilson got out of his car, locked the doors, and fled.

Police decided to tow the car and found hydromorphone and morphine sulfate pills and cellophane wrappers in the car that were prescribed to Wilson’s girlfriend. Police later found Wilson, and he was convicted of Class B felony dealing in a narcotic drug, Class D felony possession of a narcotic drug, Class A misdemeanor resisting law enforcement, and Class A misdemeanor operating a vehicle while suspended.

His motion to suppress the drugs found in the car was denied at trial. On appeal in Douglas P. Wilson, Jr. v. State of Indiana, No. 79A05-1107-CR-350, Wilson claimed that admitting the evidence found in the car violated the Fourth Amendment because the officer’s search was unreasonable because it was an improper inventory search. Wilson abandoned his vehicle after the officer initiated a traffic stop, and the judges found his argument that he locked his car and took the keys with him unpersuasive.

There was sufficient evidence to support his drug convictions as Wilson had constructive possession over the pills and a witness saw Wilson trying to sell some of the pills the day before he was pulled over by police. The judges also upheld his 13-year sentence.

 

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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT