COA: Police escort into home does not violate 4th Amendment

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In a matter of first impression, the Indiana Court of Appeals Wednesday decided that a police officer’s refusal to allow a defendant to enter his or her residence without being accompanied by an officer until a search warrant has been obtained is a reasonable seizure that does not violate the Fourth Amendment.

The novel issue arose in Cynthia Sugg v. State of Indiana, 31A05-1208-CR-397, in which Cynthia Sugg challenged her numerous methamphetamine- and marijuana-related convictions. Sugg and her husband in February 2012 separately purchased on the same day from the same drug store a box of 48-pills of pseudoephedrine. Indiana State Police detective Katrina Smith with the methamphetamine suppression unit saw in the National Pseudoephedrine Log Exchange the next day that Sugg and her husband had made the purchases. The two already faced charges of manufacturing methamphetamine, so Smith and other officers went to Sugg’s house for a “knock and talk.”

The officers observed some items outside that could be used to make meth and found Sugg outside with no coat or shoes on. They identified themselves to her and said they were investigating meth manufacturing. Sugg lied to officers about purchasing the pills the previous day and denied the officers entrance into her home. The police sought a search warrant and, during that time, said they would allow Sugg back into her home to get a jacket and shoes only if she was escorted by police so she couldn’t destroy evidence or get a weapon. She allowed it, and while in there, an officer saw marijuana and smelled it.

Sugg was later arrested after the search warrant was executed, convicted on six charges, and sentenced to 10 years. Sugg appealed, claiming the evidence was admitted in violation of the Fourth Amendment and Article I, Section 11 of the Indiana Constitution.

The COA affirmed her convictions, relying on the United States Supreme Court case, Illinois v. McArthur, 531 U.S. 326 (2001). The restraint imposed was only for the short time it took to get the search warrant, and police had probable cause to believe her home contained contraband, Judge James Kirsch wrote.

There was also no violation of the state Constitution, the judges held, finding under the totality of the circumstances, the intrusion was reasonable.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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