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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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