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

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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.
 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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