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COA: Search of passenger not unconstitutional

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The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.

Plymouth Police Officer John Weir pulled over the car driven by Christopher Fields after it crossed the center line several times. Charla Richard was in the front passenger seat. Because Fields had a warrant outstanding, he was arrested. Weir then walked his police dog, Rex, around the car. Rex alerted at the driver’s door. Officer Bridget Hite searched Richard. When Richard raised her arm, a small tin fell out of her shirt. The tin contained methamphetamine.

The trial court denied Richard’s motions to suppress the evidence. She argued the drug evidence was inadmissible because the search of a person based on the police dog’s positive alert violated her Fourth Amendment and Article I, Section 11 rights.

The judges cited Maryland v. Pringle, 540 U.S. 366, 124 S. Ct. 795, 157 L. Ed. 2d 769 (2003), to support that Richard’s mere presence as a passenger in the suspect vehicle is enough to establish probable cause as to her.

“Here, Rex’s positive alert provided probable cause to believe there were drugs in the vehicle. And there was no indication that Fields, and only Fields, was involved in narcotics activity. It was thus an entirely reasonable inference that any of the vehicle’s occupants had at least constructive possession of drugs,” Senior Judge Randall T. Shepard wrote in Charla P. Richard v. State of Indiana, 50A03-1307-CR-297.

There was also no violation of the Indiana Constitution, the judges held, pointing to the minimal nature of the search, the high degree of suspicion that Richard actually or constructively possessed illegal drugs, and because the extent of law enforcement needs was significant.


 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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