Man's detainment by officer violated 4th Amendment

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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.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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