ILNews

Man's detainment by officer violated 4th Amendment

Back to TopCommentsE-mailPrintBookmark and Share

Conservation officers checking to see if a fisherman had a valid license did not have reasonable suspicion to detain the man and ask to see what was inside his bag after verifying his license, the Indiana Court of Appeals held.

Indiana Department of Natural Resources Conservation Officers John Neargardner, who was in uniform, and Levi Clark were on boat patrol when they saw Stephen Alter fishing with a woman and a juvenile. They decided to see if Alter had a valid fishing license and was in compliance with state law regarding bag limits and size limits with fish. On their way to Alter’s location, Neargardner saw Alter pick up something small and put it in his bag.

When they got to Alter, they determined his fishing license was valid. While still in possession of the license, Neargardner asked if Alter had anything in his bag, to which Alter replied fishing gear. Alter let Neargardner look into the bag. Neargardner noticed a small bag inside, and he asked what was in it. Alter said “fishing gear” and asked why the officer wanted him to open the smaller bag.

Neargardner suspected it was something illegal like marijuana. Turns out, Alter had the drug in his bag, which he produced after the officer told him to “give me your marijuana.”

Alter was charged with Class D felonies possession of marijuana and possession of a controlled substance. He filed a motion to suppress, which the trial court granted.

The state claimed Neargardner’s actions didn’t constitute a search under the Fourth Amendment or Indiana Constitution, that he saw suspicious behavior and asking someone to hand over any contraband isn’t a search or seizure.

Addressing only the Fourth Amendment claim, the judges held that the circumstances in this case would lead them to agree with the trial court that a reasonable person in Alter’s position wouldn’t feel free to leave or resist Neargardner’s directives. Alter was being detained for purposes of the Fourth Amendment, so the officers needed to have reasonable suspicion that criminal activity had happened or was about to happen, wrote Judge Elaine Brown in State of Indiana v. Stephen Alter, No. 85A04-1101-CR-44.

Neargardner testified that he had a “gut feeling” that the bag had marijuana in it, and he suspected that based on Alter’s hesitancy to voluntarily reveal the contents of the smaller bag.

“Reasonable suspicion requires more than mere hunches or unparticularized suspicions, and an officer must be able to point to specific facts giving rise to reasonable suspicion of criminal activity,” wrote the judge.

The appellate court affirmed the grant of motion to suppress and also found that Indiana Code 14-22-39-3 does not allow conservation officers to detain or seize Alter in violation of the Fourth Amendment.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT