ILNews

Choke hold violated man's rights, justices rule

Michael W. Hoskins
January 1, 2007
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Police violated a man's constitutional protection rights when officers grabbed him by the throat and squeezed to stop him from swallowing a plastic baggie of cocaine, the Indiana Supreme Court has ruled.

Justices issued a unanimous opinion Thursday in John Grier v. State of Indiana, No. 49S05-0702-CR-68. The Marion Superior case involved a traffic stop in August 2005, when officers stopped Grier for having an expired license plate. He was gagging after being ordered out of the car, and when he opened his mouth on command, officers noticed a clear plastic bag inside.

He refused to spit it out, so an officer grabbed his throat and applied enough pressure to stop it from being swallowed. After about 20 seconds, Grier spit it out onto the sidewalk and was subsequently charged with possession of cocaine.

Claiming his privacy rights had been violated, Grier moved to suppress the bag and its contents as evidence. The trial court denied the request, but certified the question for the appellate courts. The Court of Appeals upheld the trial court's ruling in October, holding that the officer's actions "did not rise to the level of abuse or torture contemplated by the prohibition of 'unnecessary rigor' in our constitution."

However, justices disagreed in Thursday's ruling, relying on Conwell v. State, 714 N.E.2d 764 (Ind. Ct. App. 1999) that held a police choke hold in a similar situation "invaded the person's bodily integrity, posed great health and safety risks, and was likely to incite violent resistance."

Author Justice Brent Dickson wrote, "The court held that preservation of evidence did not justify 'the use of such violent and dangerous means.' The application of force to a detainee's throat to prevent swallowing of suspected contraband violates the constitutional prohibitions against unreasonable search and seizure."

The court reverses the denial of Grier's motion to suppress and remands the case to the trial court for further proceedings.
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  1. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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