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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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