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COA splits over reversing possession conviction

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A divided Court of Appeals upheld a man’s possession of marijuana conviction that stemmed from a 911 call. Dissenting Judge James Kirsch doesn’t believe that the providing of a name by a 911 caller removes this case from the category of an anonymous caller, thus the call doesn’t give police enough evidence to stop the car the defendant was in.

Officer Nicholas Lichtsinn responded to a 911 call that Phillip Billingsley was armed at a VFW post in Fort Wayne. The caller, who identified herself as Renita Brown, said Billingsley was the same person who “held her hostage” previously and that he was in a tan or brown Dodge Durango.

Lichtsinn knew the VFW to be a dangerous area, knew Billingsley, knew Billingsley to be a convicted felon, and knew Billingsley had a history of dangerous acquaintances when he responded to the call.

Lichtsinn found Billingsley in the passenger side of a Chevy Trailblazer that matched the color description. He called for backup, drew his gun and ordered Billingsley to put his hands on the roof of the SUV. After other officers arrived, Lichtsinn holstered his gun, patted Billingsley down and found marijuana on the seat where Billingsley sat.

He was charged and convicted of Class D felony possession of marijuana. The trial court denied Billingsley’s motion to suppress.

Judges Edward Najam and Melissa May upheld the conviction, finding the original detainment of Billingsley to be an investigatory stop. Litchtsinn’s use of his firearm was limited and he only had it drawn until backup arrived, Najam wrote.

They also rejected Billingsley’s claim that Brown’s 911 call was akin to an anonymous tip because the state and defense counsel couldn’t locate her.

“Moreover, Brown was not an anonymous caller but a concerned citizen. In her 9-1-1 call, she claimed both to have been a recent victim of Billingsley’s criminal activity and to be witnessing his ongoing criminal activity,” Najam wrote in Phillip T. Billingsley v. State of Indiana, 02A05-1204-CR-216.

Kirsch pointed out in his dissent that nothing known to Lichtsinn, nor provided to the court, allows the court to determine the accuracy or inaccuracy of the information provided by the caller. The only information that Brown accurately provided was that Billingsley was in the passenger seat of an SUV in the parking lot of the VFW and the color of that vehicle.

“I also do not believe that the information known to the investigating officer was sufficient to satisfy the standards established by our Supreme Court and the Supreme Court of the United States for investigatory stops,” he wrote.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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