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COA rules police officer's questions not unconstitutional

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The Indiana Court of Appeals has ruled that a man has incorrectly interpreted the Fourth Amendment in his appeal and that no constitutional violation occurred when he allowed a police officer to search his car.

In Chad M. McLain v. State of Indiana, No. 20A05-1109-CR-480, Elkhart County Police Officer Randy Valderrama pulled over Chad McLain when McLain failed to adequately signal before making a turn. Valderrama approached McLain’s car, requested his license and registration, and as he walked back to his patrol car he noticed McLain appear to tense up and look at the center console. Upon running a check on his license, Valderrama saw McLain had two prior “incidences” for possession of marijuana.

Valderrama issued a written warning and told McLain he was free to go. Valderrama then asked McLain if he had anything illegal in his vehicle, saying he was curious because of McLain’s two prior incidences. He asked if he could search the car, and McLain gave him permission. As the two walked toward McLain’s car, McLain admitted he had a marijuana pipe on the seat and a bag of marijuana in the dash console. Valderrama handcuffed McLain and put him in the back of the patrol car and requested assistance from a canine officer.

The canine officer’s dog alerted police to the presence of marijuana, and McLain was placed under arrest.

On appeal, McLain claimed the search of his car was a violation of his state and federal constitutional guarantees against unreasonable search and seizure.

“McLain’s argument is based on the faulty premise that the Fourth Amendment was implicated after Officer Valderrama gave him his license, registration, and the warning citation and told him that he was free to leave.” Judge Terry Crone wrote in the COA opinion. “At that point, McLain was in fact free to leave, and he was not required to answer the officer’s questions.”

Concluding McLain clearly and voluntarily consented to the search, the appellate court affirmed the trial court’s decision to admit evidence obtained in the search of McLain’s car.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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