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Judges split over Fourth Amendment violation

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Two of the three judges on an Indiana Court of Appeals panel affirmed the suppression of marijuana and a pipe found on a man during a traffic stop, with the dissenting judge believing there was no infringement on the man’s Fourth Amendment rights.

Huntingburg police officer Andrew Hammock pulled over Michael Cunningham’s car because one of the two tail lamps was white – instead of red – because the red lens covering was missing. Cunningham asked to get out of his vehicle to see the tail lamp for himself, to which Hammock said he would pat him down for any weapons for officer safety. Cunningham said that was fine and got out of the car. A pat down yielded a pill bottle, which Cunningham admitted had marijuana in it. He told the officer he had a pipe in his car.

Cunningham was charged with Class A misdemeanors possession of marijuana and possession of paraphernalia. He filed a motion to suppress the marijuana and pipe, which the trial court granted based on its finding that the initial traffic stop was illegal.

The Indiana Court of Appeals judges agreed in State of Indiana v. Michael E. Cunningham, 19A05-1310-CR-489, that the initial traffic stop was not illegal, as law requires vehicles like Cunningham’s to have two red-lighted tail lamps. But the court split on whether the search violated Cunningham’s Fourth Amendment rights.

The majority noted there was no evidence that Cunningham was hostile or threatening when he asked to get out of the car.

“We conclude that Officer Hammock clearly did not ask Cunningham for permission to conduct a pat-down search. Instead, Officer Hammock’s testimony demonstrates that he gave an ultimatum to Cunningham: if he decided to exit the vehicle to inspect the tail lamp, ‘I would pat him down for any weapons just for officer safety issue,’” Judge Michael Barnes wrote. “Phrased in this way, Cunningham had no choice but to submit to the pat-down when he exited the vehicle, despite the absence of reasonable suspicion that he was armed and dangerous.”

But the circumstances didn’t necessitate Cunningham exiting his vehicle, Judge Elaine Brown wrote in her dissent, so he did so with full knowledge that if he did leave his car, he would be subject to a pat down search. He agreed and even told the officer he had marijuana in the pill bottle, handed it to Hammock, and informed him about the pipe in the car. Under these circumstances, she wrote there is no violation of the Fourth Amendment.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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