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Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

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A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.

Four of five justices agreed to overturn an Elkhart Superior jury’s verdict affirmed by the Indiana Court of Appeals in Kevin M. Clark v. State of Indiana, 20S05-1301-CR-10.  

Kevin Clark was arrested in August 2009 after police arrived at a 24-hour self-storage facility owned by Robert Dunlap, who complained to police that he believed a renter of one of the units might be living there. When Dunlap saw renter Dennis Collins and two other men at the site late at night, Dunlap called police and asked them to help remove Collins from the facility.

When Elkhart police arrived, they approached the three men in a manner that the majority concluded was not consensual. As the men were leaving the unit, Clark dropped a black bag he was carrying as police approached. When police persisted in questioning, he admitted having marijuana in the bag.

Police then proceeded to search his nearby car and found materials commonly used to manufacture methamphetamine. Clark ultimately was charged with and convicted of Class A felony attempted dealing in methamphetamine.

But a majority opinion written by Justice Steven David concluded Elkhart Superior Judge George W. Biddlecome wrongly denied Clark’s repeated efforts to suppress the search evidence. “The violation of Clark’s Fourth Amendment rights in this case was the direct jumping-off point to the discovery and seizure of all of the substantive evidence used to convict him,” David wrote in a 4-1, 29-page opinion from which only Justice Mark Massa dissented.

“Without repeating the analysis in full, we note that it would also apply to the same evidence when it was re-found following execution of the search warrant. Because none of that evidence should have been admitted at a trial against him, the conviction cannot stand.”

The majority characterized the encounter leading to the arrest as a “fishing expedition” that quickly spiraled from the initial purpose of the police response.

“In short, the officers encountered three men that they did not know, in a place where people are permitted to be, doing something completely in line with the expected activity at that location, at a time when people might be expected to be found there (or, given that it was a twenty-four-hour facility, at least not at a time where people are not permitted),” David wrote.

The majority noted that officers who came to the scene ordered the three men to sit, and after Clark initially refused to answer questions about the contents of the bag, he made the marijuana admission only after an officer told him he would employ a K9 that would alert to any narcotics in the bag.

“Thus, in a very short period of time what began as (at most) police support of an essentially civil matter turned quickly into a fishing expedition for narcotics employing threats of a K9 officer as the bait and hook — an expedition bordering on interrogation and wholly unsupported by probable cause or reasonable suspicion, or anything other than the officers’ apparent hunch,” David wrote.

Another problem the majority noted in the analysis: no evidence in the record specifically prohibited a renter from living in the units.

“We therefore are left with the conclusion that Clark’s admission to possessing marijuana, the marijuana and other contents of his black bag, and the contents and state of his vehicle, were all fruits of his unlawful detention. As such, all of this evidence should have been suppressed and it was error to admit it at trial,” the majority held.

In dissent, Massa said he would affirm the trial court and unanimous COA ruling affirming it.

“The Court’s thoughtful and meticulous parsing of the facts and the law, in the end, leaves one overarching question unanswered: what should the police have done?” Massa wrote.

“When called at midnight to a 24-hour storage facility in a high-crime area to help the owner evict a customer improperly living in a unit, should they have refused to come? I doubt it. Once there, should they have declined to investigate further and not accompanied the owner from the gate to the unit? Again, I think not. Most critically, once they entered the unit and saw Clark drop his bag, should they have looked the other way and departed?

“… Once they saw Clark drop his bag, I would conclude they did have such a suspicion, whatever the tone of their ensuing instructions. It was Clark’s subsequent admission, as the majority notes, that led to his arrest and all that followed — most of which this Court would approve, had it not found all that fruit poisoned,” Massa wrote.

 
 

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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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