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In first impression ruling, COA reverses trial court on illegal search

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The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.

In Justin M. Corwin v. State of Indiana, No. 79A04-1005-CR-296, Justin Corwin appealed his arrest for Class C felony possession of a controlled substance, claiming that police officer Kevin Flynn conducted an illegal search.

Flynn was looking for Kyle Balser, who had an active arrest warrant, on June 25, 2009. In the apartment complex where he believed Balser to be, he saw Corwin from a distance of 50 yards and believed he might be Balser.

Flynn observed Corwin acting suspiciously, and eventually climbing into the back seat of a van. The officer approached the van, and Corwin ignored repeated requests to give his name or exit the van, placing his hands in his pockets. He eventually got out, and Flynn did a pat-down search for weapons. He noticed Corwin’s clothes smelled of burnt marijuana, and he found a folding knife and a wallet during the search. The identification in the wallet indicated the man was not Balser.

When Flynn felt a circular object in Corwin’s pants pocket, he asked what it was, but Corwin didn’t respond. Flynn removed the bottle, opened it and found generic Xanax pills, for which Corwin did not have a prescription. He then arrested Corwin.

A police officer may briefly detain a person for investigatory purposes without a warrant if, based on specific and articulable facts, the officer has reasonable suspicion that criminal activity “may be afoot.” Terry v. Ohio, 392 U.S. 1, 30 (1968). But in this case, the COA held that no evidence existed to suggest Flynn knew or suspected Corwin had a history of drug crimes.

The state argued that the pill bottle’s illicit nature was immediately apparent, as the prescription label had been altered, but the trial court records do not indicate whether Flynn noticed that before or after he opened the bottle.   

The COA held that when the officer opened the pill bottle to determine the contents, he ran afoul of the limits of a Terry stop, and therefore the pills found in the bottle, and all evidence of their discovery, should have been suppressed. Accordingly, the COA reversed the trial court.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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