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. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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