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Court finds police lacked reasonable suspicion for stop and search

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Finding that an Indianapolis police officer didn’t have reasonable suspicion or consent to stop a man acting suspiciously in a gas station parking lot, the Indiana Court of Appeals has reversed two fraud convictions involving the possession of movie DVDs that weren’t yet on the market.

In Michael Woodson v. State of Indiana, No. 49A05-1106-CR-306, the appellate court found that a “hot zone” of drug activity doesn’t alone justify stopping and questioning someone who might be acting suspiciously.

The officer was patrolling an area in Indianapolis in February 2011 when he saw a bicycle parked next to a maroon vehicle in the fast food and gas station parking lot. A man later identified as Michael Woodson existed the car, put on a backpack and began riding in the parking lot. The car left and another police patrol vehicle pulled the car over, while the original patrolling officer approached Woodson and asked him what he was doing. The officer testified that Woodson became loud and belligerent, so the officer immediately handcuffed him for safety reasons and then asked to search the backpack. Woodson consented. Inside, the officer found 34 DVDs marked with titles of movies that he recognized as still being in the theater and not yet on sale. Woodson was arrested and charged with two counts of fraud, and at a Marion County bench trial he was found guilty on both and sentenced to a partially suspended two-year sentence.

On appeal, Woodson argued the trial court had erred by denying his motion to suppress the evidence because the search and seizure wasn’t based on reasonable suspicion as required by the Indiana and U.S. constitutions. The appellate court agreed, finding that the officer didn’t have the necessary reasonable suspicion to conduct the stop and that the initial interaction wasn’t consensual. The court found that because Woodson observed the maroon car being pulled over by another police vehicle and he was immediately handcuffed and not free to leave, his consent to search the backpack wasn’t adequate.

Only the fact that the area of Indianapolis in which Woodson was arrested was considered to be a ‘hot zone’ gave Officer (Christopher) Cooper any kind of suspicion that drug-related or other illegal activity might be afoot,” Judge Mark Bailey wrote for the unanimous three-judge panel. “This is not enough to amount to reasonable suspicion, and we therefore cannot conclude under the totality of the circumstances that Officer Cooper’s Terry stop was appropriate under the Fourth Amendment.”

The court reversed Woodson’s convictions, finding that admitting the DVDs into evidence was clearly prejudicial and led to testimony that otherwise would have left the state with otherwise insufficient evidence for a conviction.

 

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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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