Divided appellate court reinstates charges stemming from illegal stop

August 15, 2013
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An Indianapolis man who faced multiple charges when he fled from and battled with police after a stop the state concedes was illegal still may be prosecuted on evidence gained after he fled, two of three Court of Appeals judges ruled Tuesday.

Judges Clay Bradford and Elaine Brown reversed the trial court’s suppression of that evidence, but affirmed evidence of marijuana and cocaine possession that proceeded the suspect’s flight in State of Indiana v. Robert Owens, 49A02-1210-CR-817.

Owens was charged after he was arrested late at night emerging from behind a westside Indianapolis school building. Passing Indianapolis Metropolitan Police Department officers stopped him, one admitted “on a hunch,” and Owens admitted swallowing a “blunt.” Police pressed Owens to admit to drug possession, at which time he fled, later fought with police, and was stunned twice with a Taser.

He was charged with Class A felony dealing in cocaine, Class A felony cocaine possession, two counts of Class D felony battery on a law enforcement officer, two counts of Class D felony resisting law enforcement, and Class D felony obstruction of justice.

"Evidence related to Owens’s flight from and battery of officers ... should not have been suppressed. To the extent that the trial court’s order suppressed this evidence, we reverse it," Bradford wrote for the majority. "We conclude, however, that any and all evidence related to the 'blunt' that Owens allegedly attempted to ingest and the alleged cocaine found on his person should be suppressed, and affirm that portion of the trial court’s order."

Judge Patricia Riley in dissent wrote that the trial court was in the better position to judge which evidence arising from the illegal stop should be thrown out.

"By suppressing this evidence, the trial court apparently believed that Owens’s actions resulted from the officers’ exploitation of the illegal stop," Riley wrote. "I would uphold its suppression of evidence relating to Owens’s flight from and battery of" the officers.  



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  1. 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.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL