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COA: Consent prevented constitutional violations

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The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.

In Canon Harper and Adrian Porch v. State of Indiana, No. 10A01-0908-CR-417, Canon Harper and Adrian Porch brought an interlocutory appeal of the denial of their motion to suppress drug and paraphernalia evidence seized during a traffic stop

Police noticed the license plate light was out on Harper's car and went to pull the car over. Before doing so, Harper and Porch pulled into a motel, Porch got out of the car with a bag and headed toward a room. The police pulled up behind Harper's car without activating their lights and asked Porch to come back. They explained that Harper's license plate light was out and then asked Porch if they could pat him down and search the bag. Porch claimed the bag belonged to an ex-girlfriend of Harper and consented to the pat down and search of the bag, which had cocaine and paraphernalia in it.

The appellate court found the stop and search didn't violate the Fourth Amendment after applying Tawdul v. State, 720 N.E.2d 1211, 1217 (Ind. Ct. App. 1999). It wasn't unreasonable for the officers to briefly detain Porch after they legally stopped Harper's car until the officers could make an assessment of the situation. Porch's detention was justified because it wasn't unreasonably long or intrusive, wrote Judge Patricia Riley.

Harper and Porch claimed that the traffic stop had been completed after they confirmed the license plate light was out and there was no need for the pat-down search and search of the bag.

"Nevertheless, because Porch consented to the search of his person and to the search of the duffle bag, insofar as they complain that the search was unreasonable, they cannot prevail, as it is well established that consent is a valid exception to the requirements of the Fourth Amendment," she wrote.

Porch's consent also justified the search under Article I, Section 11 of the Indiana Constitution. Even though based on the totality of the circumstances, the state failed to show the pat down and search was reasonable but Porch verbally assented to the pat down and search of the bag. An exception to the search-warrant requirement happens when consent is given to the search, under the theory that when someone gives permission to a search of either his person or property, any governmental intrusion is presumed to be reasonable.

The appellate court also declined to extend the language of the Seatbelt Enforcement Act to the part of Indiana Code that requires the illumination of license plates in light of State v. Washington, 898 N.E.2d 1200, 1207 (Ind. 2008).

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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