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Justices affirm trucker’s cocaine-dealing convictions

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The Indiana Supreme Court unanimously affirmed the cocaine-dealing convictions of a truck driver who challenged the state police stop that led to discovery of the drugs and claimed he was denied a speedy trial.

In Patrick Austin v. State of Indiana, 20S03-1303-CR-158, troopers who initially stopped Patrick Austin allowed him to proceed after he refused consent to a search of the truck when an officer grew suspicious about driver logs and his purported destination, among other things.

Acting on those concerns, state police found Austin’s name linked to a prior $1 million bulk cash seizure in a Drug Enforcement Administration database. Austin was later stopped on a traffic infraction, after which a drug-sniffing dog indicated the presence of narcotics.

Justices affirmed the trial court convictions and 45-year aggregate sentence on two Class A felony charges, which the Court of Appeals also affirmed. The court took the case to address police action that led to the discovery and Austin’s argument that his trial violated the speedy trial window because it happened more than 70 days after his request.

Addressing the stop, Justice Steven David wrote for the court, “(W)e think this particular police operation exemplifies the balance between pursuing the law enforcement aim and protecting the constitutional rights of the suspect that the Indiana Constitution compels. … The end result was the discovery and seizure of nearly 90 pounds of cocaine hidden in a vehicle … and also the proper admission of that evidence at Austin’s trial.”

Likewise, Austin’s Criminal Rule 4 appeal claiming denial of a speedy trial was unpersuasive because the trial court produced compelling evidence of court congestion, and Austin was unable to meet his burden of showing a continuance beyond the 70-day speedy trial was clearly erroneous.

“However, we caution that ‘court congestion’ is not a blank check for poor judicial administration,” David wrote. “A defendant with adequate proof may successfully challenge a declaration of ‘court congestion’ on appeal. The protections afforded a defendant under Criminal Rule 4 are not to be trampled upon and trial courts must remain vigilant in its enforcement.”

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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