ILNews

In-court marijuana field test ruled error, but not reversible

Back to TopCommentsE-mailPrintBookmark and Share

An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.

The Indiana Court of Appeals affirmed a conviction and one-year suspended sentence for Class A misdemeanor possession of marijuana in Kyle L. Doolin v. State of Indiana, 32A01-1111-CR-545, but it agreed with Doolin’s argument that Hendricks Superior Judge David Coleman should not have allowed a sheriff’s deputy to conduct a test on the evidence during a bench trial.

At trial, Hendricks County Sheriff’s Deputy Brian Petree testified about a search of a vehicle in which Doolin was a passenger after a traffic stop on Interstate 70 when the vehicle changed lanes without a proper signal. Petree found what appeared to be marijuana concealed in a locked glove box. Doolin admitted after his arrest that it was his and he wished to take responsibility for it.

The court allowed Petree to perform a field test during the trial on the evidence over Doolin’s repeated objection. Petree placed a small amount of the green, leafy substance in a glass bottle into which Petree dropped a capsule and shook the bottle to break the capsule, releasing a chemical that turned blue when in contact with THC, the active compound in marijuana.

The first test failed, and Coleman allowed a second test over Doolin’s objections that there was no foundation for the reliability of the test and that Petree was not a chemist.

“The State simply presented no foundational evidence of the test used. Because of this dearth of evidence regarding this field test, we find the State failed to establish the test’s reliability under Rule 702(b), and the trial court abused its discretion in admitting the results into evidence,” Judge James Kirsch wrote in a unanimous opinion.

But the court said the error would not likely have invalidated Doolin’s conviction. He acknowledged possessing the marijuana, and Petree’s training, observation and circumstantial evidence were sufficient to determine that the substance was marijuana.

“Accordingly, we conclude that while it was error for the trial court to admit the in-court field test, the error was harmless in light of the other independent evidence of the identity of the substance,” Kirsch wrote.

The opinion also said the judges’ findings should not be read too broadly and hinted at guidance in terms of when such tests may be admissible during court.

“We note that our holding today does not represent a conclusion that all field tests of marijuana conducted in the courtroom are, per se, inadmissible; nor do we find that in-court field tests on marijuana may never be used as substantive evidence of guilt, as Doolin asks us to do. Rather, we hold that under the facts and circumstances of this case, the trial court abused its discretion when it admitted the results of Deputy Petree’s in-court field test because of the lack of foundation as to its reliability,” Kirsch wrote.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  2. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  3. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  4. Hi, Who can I speak to regarding advertising today? Thanks, Gary

  5. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

ADVERTISEMENT