ILNews

Drug-dog sniff after traffic stop was rightly suppressed

Back to TopCommentsE-mailPrintBookmark and Share

A southern Indiana trial court rightly suppressed drug evidence gathered after a police drug-sniffing dog indicated the presence of meth in a van after a traffic stop.

Cannelton police Officer Micah Jackson followed a van driven by Molly Gray for some time after it failed to signal a turn, and the officer pulled over the van around 3 a.m. on Aug. 13, 2012. A short time later, Jackson had his canine conduct a free-air sniff around the van, which led to the discovery of a plastic baggie containing methamphetamine beneath a floorboard and a Class D felony meth possession charge against Gray.

Jackson later testified that he’d received information from an officer from Tell City that the driver was involved in illegal narcotics, but Jackson had no knowledge of specifics or the source of the information.

The opinion notes Jackson didn’t report Gray’s information to dispatch before starting the canine’s free-air sniff because Gray’s sister is a Tell City police dispatcher and Gray’s brother-in-law is a Perry County sheriff’s deputy, and Jackson testified he feared they might interfere in the investigation.

Gray succeeded in convincing Perry Circuit Judge Karen Werner to suppress the evidence, and the Court of Appeals affirmed on interlocutory appeal in State of Indiana v. Molly Gray, 62A01-1303-CR-108. The court treated the information Jackson acted on as an anonymous tip insufficient for reasonable suspicion.

“Without addressing the validity of the initial stop, we conclude that the free-air canine sniff was not conducted incidental to the traffic stop and so required reasonable suspicion to justify increasing the duration of the stop,” Judge Cale Bradford wrote in the opinion joined by Judges Mark Bailey and Melissa May.

“Finding that Officer Jackson lacked reasonable suspicion, we hold that the seizure was a violation of the Fourth Amendment and that the trial court did not err in suppressing the evidence.”

 






 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT