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COA: Search of passenger not unconstitutional

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The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.

Plymouth Police Officer John Weir pulled over the car driven by Christopher Fields after it crossed the center line several times. Charla Richard was in the front passenger seat. Because Fields had a warrant outstanding, he was arrested. Weir then walked his police dog, Rex, around the car. Rex alerted at the driver’s door. Officer Bridget Hite searched Richard. When Richard raised her arm, a small tin fell out of her shirt. The tin contained methamphetamine.

The trial court denied Richard’s motions to suppress the evidence. She argued the drug evidence was inadmissible because the search of a person based on the police dog’s positive alert violated her Fourth Amendment and Article I, Section 11 rights.

The judges cited Maryland v. Pringle, 540 U.S. 366, 124 S. Ct. 795, 157 L. Ed. 2d 769 (2003), to support that Richard’s mere presence as a passenger in the suspect vehicle is enough to establish probable cause as to her.

“Here, Rex’s positive alert provided probable cause to believe there were drugs in the vehicle. And there was no indication that Fields, and only Fields, was involved in narcotics activity. It was thus an entirely reasonable inference that any of the vehicle’s occupants had at least constructive possession of drugs,” Senior Judge Randall T. Shepard wrote in Charla P. Richard v. State of Indiana, 50A03-1307-CR-297.

There was also no violation of the Indiana Constitution, the judges held, pointing to the minimal nature of the search, the high degree of suspicion that Richard actually or constructively possessed illegal drugs, and because the extent of law enforcement needs was significant.


 

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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